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Home My WebLink AboutKerns Lots-Broad Avenue - Backfile (2)I 4 SUBDIVISION CHECKLIST The application is not complete if the following are not present: Submission Package 1. Two sets of comment sheets from the following agencies with any marked copies of the plan; \along v VDOT City of Winchester v Co. San. Auth. N Co. Hlth. Dept. y Inspections Dept. 'r'\— Parks & Rec. v Fire Marshall Local Fire Company 2. 2 copies of the subdivision application 3. 15 copies of the plan on a single sheet 4. 1 reproducible copy of the plan (if required) a 35mm. slide of the plan *_ One copy of the application and comment sheets, three copies of the plan and the marked plans from the review agencies should be enclosed in a package which will be forwarded to the County Engineer. TRACKING DATE Application Received Subdivision Information forwarded to Consulting Engineer /© Review/Invoice received from Engine AFP)'� VUGit�QL� Fee Paid (amount $ /3 4-�3 Subdivision heard by Planning Commis l Woo, Final plat submitted with review agency signatures i, J deed of dedication bond estimate l Final plat information forwarded to Engineer Review received from Engineer Final Fee paid REQUEST FOR SUBDIVISION COMMENTS V) JUG 9gg � �`^ , Frederick County Inspections DepaDFPT OF ATTN: Kenneth L. C ffelt, Director �DEq,40Pti, Ali ^� P.O. Box 601, (7Virginia 226 03) 665 5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's/name, address and phone number: Name of development and/or description of the request: 6S�I�e�S %Ts Location: �le p/ ems/ _ :;-;;� A- �� So vT� a � 40 Inspections Department Comments: / /L S /' -� ! cs •Q -1--� )^ ,. (a ci ,, : a r c; » 66�4t7 U c� 6 o 4-73 ©� c� o--� --Q : �b o ems. �/'la ► e /' Inspect. Signature & Date: (NOTICE TO INSPECTIONS - I RETURN THIS Va- Efl��-��s�s: NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your plans and/or application form. August 21, 1989 11 G. M. Kerns 3237 Valley Avenue Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development 703 / 665-56591 FAX 703/667-0370 Dear Mr. Kerns: This letter is to confirm the Frederick County Planning Commission's action at their meeting of July 19, 1989: Approval of the Subdivision Plat of Kerns Lots -Broad Avenue, three lots consisting of 1.084 acres, for residential duplexes. This property is located on Route 831 (Broad Avenue) of the Lockhart Subdivision on the south side of Senseny Road in the Shawnee Magisterial District. Comments from the County Engineer concerning erosion and sedimentation control need to be addressed. If you have any questions regarding your subdivision, please do not hesitate to call this office. Sincerely, its Tierney Planning Deputy Director KCT/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 SUBDIVISION KERNS LOTS -BROAD AVENUE zoned RP (Residential Performance) 3 lots (1.084 acres) LOCATION: Rt. 831 (Broad Avenue) - Lockhart Subdivision, located on the south side of Senseny Road, east of Winchester. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land use and RP (Residential Performance) zoning. PROPOSED USE AND IMPROVEMENTS: existing lots to create a third structure. REVIEW EVALUATIONS: Subdivision of a portion of two lot for an additional duplex VA. Dept. Transportation - I.t would be our recommendation that curb and gutter should be placed along this proposed development due to the narrow lots in order to 4ccommodate private entrances. This work would require a permit. Sanitation Authority - No objection. Sewer and water are available to the site. Greenwood Fire Company - No problem with this site at this time. Fire Marshall - This will be of Use Group R-3 and should meet the distance requirements of BOCA article 910 with no problem. Area is protected with hydrants and first due engine company is close. Inspections Department - This request for subdivision approval shall comply to use group "R" Residential Section 309.0 of the BOCA Code. Planning and Zoning - The proposed subdivision conforms to the approved MDP. Review comments received from VDOT as well as our engineer regarding erosion and sedimentation control, culvert design, and proper grading of the site to accommodate drainage, will need to be addressed prior to final approval. Staff Recommendation: Approval. REQUEST FOR SUBDIVISION COMMENTS Doug Kiracofe, Frederick County Fire Marshall P.O. Bog 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Fire Marshall is located at 21 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: Location: Fire Marshall Comments: Fire Marshall Signature & Dater (NOTICE TO FIRE MARSHALL - PLEASE NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in �o assist the agency with their review. Also, please atta h TWO copies of your plans and/or application form. CO 'v 4� COUNTY of FREDERICK w � � Departments of Planning and Building 703/665-5650 <w M E M O R A N D U M 1738 TO: 4-11 � Greenwood Fire Company ATTN: Mr. Wa *u< Virginia Department of Transportation , ATTN: Mr. Wi Ram Sanitation Authority , ATTN: Mr. Well°ng Planning and Zoning Department , ATTN: Mr. Stephen FROM: Robert W. Watkins. Director SUBJECT: Review Comments On: X Master Plan irigli .�B s�lima�T� n H. nv�one DATE: November 16, 1987 Conditional Use Permit Site Plan. Rezoning Subdivision We are reviewing the enclosed request by Kerns Lots Broad Avenue -VA Rt. 831 , or their representative, Butch Kerns 662-6565 Will you please review the attached and return your comments to me BY NOVEMBER 23, 1987. TUTC CUA!`A CUMITT1 TZV TTCVn VNP AT7VTRT.T C(1MMFNTC- Signatu Date n T) /1 T3-- 4ni 11)A0 1 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 TO: Greenwood Fire Company TTN: Mr. Walt Cuyhingham NVirginia Department of Transportation !c-A TTN: M"rlti,•fiWi'ili H. Bushman Sanitation Authority , A�6� . x k ��ngton H. Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: November 16, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Master Plan Rezoning Subdivision We are reviewing the enclosed request by Kerns Lots Broad Avenue -VA Rt. 831 , or their representative, Butch Kerns 662-6565 Will you please review the attached and return your comments to me BY NOVEMBER 23 1987. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date Iyoy. 3,0 O 7 1738 .1 ,�M M 0 R CO Departme of banning a4 N D U M A� % C � i ! 'V ATTN: Mr. William Bushman Planning and Zoning \/ ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones ,.ATTN: ATTN: FROM: Robert W. Watkins, Director DATE: April 14, 1987 SUBJECT: Review Comments On: __ Conditional Use Permit Site Plan Preliminary Master Plan x Subdivision Rezoning We are reviewing the enclosed request by Butch Kerns or their representative, Butch Kerns, 662-6565 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: It would be our recommendation that curb and gutter should be placed --------------------------------------------- ------------------------------- ________along -this proposed development due to the narrow lots in order. ------------------------------------------------------------- to accommodate private entrances. Thi's work would -require a permit. -------- When curb - and gutter is placed, a permit would be required. ------------------------------------------------------------------- Signature - Date___ /�/Z _, 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 ERICK 650 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 April 5, 1989 Mr. Butch Kerns A. Brokers Associates 3237 Valley Avenue Winchester, Virginia 22601 Dear Mr. Kerns: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of March 22, 1989: Approval of Preliminary Master Development Plan of Kerns Lots (Lockhart Subdivision on Broad Avenue), zoned RP, 1.084 acres, for three lots for three duplex structures with six dwelling units. This property is located on Route 831 (Broad Avenue), on the south side of Senseny Road, east of Winchester, in the t . Shawnee Magisterial District. If you have any questions regarding your master development plan, please do not hesitate to call this office. Sincerely,.. Robert W. Watkins Planning Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 _.4 PRELIMINARY MASTER DEVELOPMENT PLAN Kerns Lots (.Lockhart Subdivision) Broad Avenue Zoned RP (Residential Performance) 3 Lots (1.084 acres) LOCATION: Route 831 (Broad Avenue), in the Lockhart Subdivision, located on the south side of Senseny Road, east of Winchester. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land use and RP (Residential Performance) Zoning. PROPOSED USE AND IMPROVEMENTS: Subdivision of 1.084 acres into three lots for three duplex structures with six dwelling units. REVIEW EVALUATIONS: Virginia Dept. of Transportation - It would be our recommendation that curb and gutter should be placed along this proposed development due to the narrow lots in order to accomodate private entrances. This work would require a permit. When curb and gutter are placed, a permit would be required. Sanitation Authority - No objection. Sewer and water are available to the site. Greenwood Fire Company - No problem with this site at this time. Planning and Zoning - No objection. The site was approved for duplex units by the Board of Supervisors on February 11, 1987: Case #002-87, Request to Mix Housing Types. The preliminary master development plan meets all applicable master plan and RP requirements. This should be considered as a preliminary master plan and not a final subdivision plat. A site plan is not construction permit approval. There are no environmental areas requiring protection. 30% open space is required and is shown along the rear of the parcel. Open space less than one acre may be waived. Recreation facilities are not required. Density bonus increases have not been applied for or proposed for this site. Buffer distances are not required. All dimensional requirements such as lot size, setbacks, and yards can be met. All parking and access requirements can be met. This plan meets all applicable land use planning standards for duplex units that have been granted the right to mix uses in an existing subdivision of mostly single family uses. The Commonwealth Attorney has issued an opinion concerning this application (see attached). This request needs to be reconsidered in light of that opinion. STAFF RECOMMENDATIONS: Approval PLANNING COMMISSION RECOMMENDATIONS OF 12/21/88: Denied, by unanimous vote. BOARD OF SUPERVISORS RECOMMENDATIONS OF 1/10/89: Denied Q- COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 February 1, 1989 Mr. Butch Kerns A. Brokers Associates 3237 Valley Avenue Winchester, Virginia 22601 Dear Mr. Kerns: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of January 10, 1989: Denial of Preliminary Master Development Plan of Kerns Lots (Lockhart Subdivision on Broad Avenue), zoned RP, 1.084 acres, for three lots for three duplex structures with six dwelling units. This property is located on Route 831 (Broad Avenue), on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. If you have any questions regarding your master development plan, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg nbt 4j-c awv 9 Court Square P.O. Box 601 Winchester, Virginia - 22601 REVISED PRELIMINARY MASTER DEVELOPMENT PLAN Kerns Lots (Lockhart Subdivision) Broad Avenue Zoned RP (Residential Performance) 6 Lots (1.084 acres) LOCATION: Route 831 (Broad Avenue) - Lockhart Subdivision located on the south side of Senseny Road, east of Winchester. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land use and RP (Residential Performance) Zoning. PROPOSED USE AND IMPROVEMENTS: Subdivision of 1.084 acres into six lots for three duplex structures with six dwelling units. REVIEW EVALUATIONS: VA Dept. of Transportation - It would be our recommendation that curb and gutter should be placed along this proposed development due to the narrow lots in order to accomodate private entrances. This work would require a permit. When curb and gutter are placed, a permit would be required. Sanitation Authority - No objection. Sewer and water available to site. Greenwood Fire Company - The Greenwood Volunteer Fire Company has no problem with this site at this time. Planning and Zoning - No objection. The site was approved for duplex units by the Board of Supervisors on February 11, 1987; Case #002-87, Request to Mix Housing Types. The Preliminary Master Development Plan meets all applicable master plan and RP requirements. This should be considered as a preliminary master plan and not a final subdivision plat. A site plan is not construction permit approval. There are no environmental areas requiring protection. 30% open space is required and is shown along the rear of the parcel. Open space less than one acre may be waived. Recreation facilities are not required. Density bonus increases have not been applied for or proposed for this site. Buffer distances are not required. All dimensional requirements such as lot size, setbacks, and yards can be met. All parking and access requirements can be met. This plan meets all applicable land use planning standards for duplex units granted the right to mix uses in an existing subdivision of mostly single family sues. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION RECOMMENDATION: Denial by unanimous vote on July 1, 1987. REVISED PRELIMINARY MASTER DEVELOPMENT PLAN Kerns Lots (Lockhart Subdivision) Broad Avenue Zoned RP (Residential Performance) 5 Lots (1.084 acres) LOCATION: Route 831 (Broad Avenue); Lockhart Subdivision, located on the south side of Senseny Road, east of Winchester. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land use and RP (Residential Performance) Zoning. PROPOSED USE AND IMPROVEMENTS: Subdivision of 1.084 acres into five lots for four duplex units and one single-family traditional lot. REVIEW EVALUATIONS: VA. Dept. of Transportation - It would be our recommendation that curb and gutter should be placed along this proposed development due to the narrow lots in order to accomodate private entrances. This work would require a permit. When curb and gutter are placed, a permit would be required. Sanitation Authority - No objection; sewer and water available to site. Greenwood Fire Company - The Greenwood Fire Company has no problems with this site at this time. Planning and Zoning - No objection. Four duplex units in two structures and one single-family traditional lot are planned. The site was approved for duplex units by the Board of Supervisors on February 11, 1987; Case #002-87, Request to Mix Housing Types. The preliminary master development plan meets all applicable master plan and RP requirements. This should be considered as a preliminary master development plan and not a final subdivision plat. A site plan is not construction permit approval. There are no environmental areas requiring protection. 30% open space is required and is shown along the rear of the parcel. Open space less than one acre may be waived. Recreation facilities are not required. Density bonus increases have not been applied for or proposed for this site. Buffer distances are not required. All dimensional requirements such as lot size, setbacks, and yards can be met. All parking and access requirements can be met. This plan meets all applicable standards for duplex units. The right to mix uses in an existing subdivision of mostly single family uses has been granted. STAFF RECOMMENDATIONS: Approval COUNTY of FREDERICK - `�Departments of Planning and Building 703/665-5650 �. M E .'-•"0� R A N D M 8 �r' ul v Cn Greenwood Fire Company ATTN: Mr. Wa Cunr�'isigham 0 ,V Du --w vo �vl DIy� Virginia Department of Transportation , ATTN: Mr. Will H. Bushma �� Sanitation Authority , ATTN: Mr. Wellingto `nes Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: November 16, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Master Plan Rezoning Subdivision We are reviewing the enclosed request by Kerns Lots Broad Avenue -VA Rt. 831 , or their representative, Butch Kerns 662-6565 Will you please review the attached and return your comments to me BY NOVEMBER 23, 1987. . --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No objection to the master plan. Before any work is done on the State's right-of-way, a permit must be applied for and approved. Signature �yj Date % v� n r _.._. c n n n_ 4AI \Zl:. 1 r ,. \I:..:.,: _ ')74()1 s TO: M E M O R A N D U M COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Greenwood Fire Company , ATTN: Mr. Walt Cunningham Virginia Department of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: November 16, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Master Plan Rezoning Subdivision We are reviewing the enclosed request by Kerns Lots Broad Avenue -VA Rt. 831 , or their representative, Butch Kerns 662-6565 Will you please review the attached and return your comments to me BY NOVEMBER 23, 1987. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 R'ANDUM VA. Dept. of Highways & Transport -'io ,'ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin i FROM: Robert W. Watkins, Director DATE: July 16, 1987 SUBJECT:`, Review Comments On: Conditional Use Permit Site Plan X Master Development Plan Rezoning We are reviewing the enclosed request by Kerns Lots - Broad Avenue , or their representative, Allen Ebert 667-3233 Will you please review the attached and return your comments to me as soon as possible. i 1 --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Water and sewer lines are available to the proposed subdivision. Signature Date o r- c,,—'. V n TZnV Ant _ Winchester. Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Planning and Zoning Department ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: July 16, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Master Development Plan Rezoning We are reviewing the enclosed request by Kerns Lots - Broad Avenue , or their representative, Allen Ebert 667-3233 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 AA�4 COUNTY of FREDERICK n•, ` a �;;:' � Departments of Planning and Building 703/665-5650 I98, . 8 v C'CPF� 1s ``_M; E'PM , O R A D U M To: VA. Dept, of Transportation , ATTN: Mr. William H. Bushman, - Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: July 15, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan R Master Development Plan Rezoning We are reviewing the enclosed request by Kerns Lots - Broad Avenue , or their representative, Allen Ebert 667-3233 Will you please review the attached and return your comments to me as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No objection to the master development plan. However, we are concerned about the work that is-being,done as there is ponding of water on the State's right-of-way. The work is not being done according to the permit which has been issued. Signature_ Z, �j, �&Z1V-Z ' .ail , Date 7%7%S� 9 Court Souare - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Planning and Zoning Department ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: July 15, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Master Development Plan Rezoning We are reviewing the enclosed request by Kerns Lots — Broad Avenue or their representative, Allen Ebert 667-3233 Will you please review the attached and return your comments to me as soon as possible. ----------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date I 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 -! V c V A f r,:2. v�tLDIN6 Ate, COUNTY of FREDERICK FDtf g�,R� I VED ��'� - Departments of Planning and Building � ` s� %, 703/665-5650 .aAPR b �Z j JaC r O ARE Li CtV0 i ro: Virginia Dent. of Highways ATTN: Mr. William Bushman Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation_ Authority , ATTN: Mr. Wellington Jones , ATTN: , ATTN: FROM: Robert W. Watkins, Director DATE: April 2. 1987 SUBJECT: Review Comments On: ____ Conditional Use Permit Site Plan Preliminary Master Plan x Subdivision Rezoning We are reviewing the enclosed request by Butch Kerns or their representative, Butch Kerns, 662-6565 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: The information furnished is vague. We are assuming this is for a private ---------------------------------------------------------------------------- dwelling only. It is understood a private entrance permit must be obtained ---------------------------------------------------------------------------- from the Area Superintendent prior to doing any work on the State's right- ---------------------------------------------------------------------------- of-way . ---------------------------------------------------------------------------- Signature �- _ Date 0/in ------------ 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 K��21314 ��'�>> COUNTY of FREDERICK MEMO (�ANb':Uif of Planning and Building 703/665-5650 Virginia Dent. of Highways ATTN: Mr. William Bushman Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority ATTN: Mr. Wellington Jones ATTN: " , ATTN: FROM: Robert_W. Watkins, Director DATE: April 2. 1987 SUBJECT: Review Comments On: ____ Conditional Use Permit Site Plan Preliminary Master Plan x Subdivision We are reviewing the enclosed request by Butch Kerns or their representative, Butch Kerns, 662-6565 Rezoning Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: -1 f . ,f D . /' _ _. ---------------------------------------------------------------------------- _ _ t --4-zeeel Signetur J_ c ��11_�rr.� �� Date 1 9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK ents of Planning and Building (9�\ 703/665-5650 M E M 0 R A N D U N Virginia Dept. of Highways , ATTN: r'P William ` man 02 k Planning and Zoning ATTN: Mr. Step en M. Gyurisin Greenwood Fire Company ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones ATTN: " ATTN: FROM: Robert W. Watkins, Director DATE: April 2. 1987 SUBJECT: Review Comments On: ____ Conditional Use Permit Site Plan Preliminary Master Plan x Subdivision Rezoning We are reviewing the enclosed request by Butch Kerns or their representative, Butch Kerns, 662-6565 Will you please review the attached and return your comments to me as soon as possible. ---------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: See cony_of _attached letter to Mr. G . M . Kerns --------------------------- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- Signature - Date J1" 8 __�_ , __ _ ___ r�l__---,%_� __------_--- 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 AW11="ji11 Is departments of Planning and Building 703/665-5650 f D U M ATTN: Mr. William Bushman Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authorit !`-� , ATTN: Mr.�Wellington Jones I ATTN: - ATTN: FROM: Robert W. Watkins Director DATE: A6ril 2. 1987 SUBJECT: Review Comments On: ____ Conditional Use Permit -___ Site Plan Preliminary Master Plan x Subdivision Rezoning We are reviewing the enclosed request by Butch Kerns or their representative, Butch Kerns 662-6565 Will you please review the attached and return your comments to nee as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Sewer and water facilities are available to the proposed lots. ---------------------------------------------------------------- --------------------------------------------------------------- ------------------------------------------------------------- ----------------------------------------------------------------- SignatureDate�s _______ ------------------------- -------//----- 9 Court Sauare P.O. Box 601 Winchester, Virginia - 22601 APPLICATION AND CHECKLIST FOR PRELIMINARY MASTER DEVELOPMENT P IN THE COUNTY OF FREDERICK, VIRGINIA DATE: /&r- 17 /?t1 y APPLICANT/AGENT: ADDRESS: -I J-�3� 49 PHONE: APPLICATION NUMBER: Ile . The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of rope ty: 2. Property tax map and identification number: 3. Property zoning and present use: �R — 4. Adjoining property zoning and present use: 5. Proposed uses: 5'/�Q�e ��//jj I'' Iq r - 6. Magisterial District: PRELIMINARY MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Is this an original or amended Master Development Plan? 2. Is the Master Development Plan to be waived? yes noj! 3. Is the scale shown on Master Development Plan? yesj),,�no 4. What is the total area of property? 1 �.49V 4d. 5. Is the north arrow shown on Master Development Plan? yes' no 6. Is boundary survey certified? yes Vno 7. Is topography shown? yes no t�, 8. What is the contour interval? 9. What is the development's name? ,4®��✓,� VO I D Page 2 PRELIMINARY MASTER DEVELOPMENT PLAN CONTENTS 1. Are all land uses clearly shown (housing types)? 2. Are all environmental requirements shown? - Floodplains ..................... - Lakes and ponds .................. - Wetlands ........................ - Natural stormwater retention acres - Steep Stops (0-15) ............... (15 or more) ......... - Woodlands ........................ TOTAL yes no yes Af"no Total acres Percent disturbed Amount in open spac e 4 F 8 3. Is open space shown? yes �no - What is total amount of open space? 76 Acres - What percent is the open space of the total property? S-5 % 4. Are recreational facilities required? 5. 6. Are bonus regulations being proposed? What are they?: - Recreational facilities (15%) - Woodlands (15%) - Landscaping (15%) - Solar access (10%) - Solar construction (15%) - Pedestrian/bike path (10%) - Pedestrian/bike path connector (15%) 7. Are buffers required? - from single family dwellings - from roads 8. Are screens proposed? - from single family dwellings - from roads 9. Are active or inactive buffers proposed?� Active 10. Are all buffers and screens shown on the Master �� Development Plan? 11. Are the following items shown? Ale - General street layout - Parking areas - Entrances - Utilities yes no e� yes no yes_ no yes_ no yes_ no yes_ no yes no yes_ no yes no yes no yes_ no yes no yes no yes_ no_ yes no— Inactive— yes— no_ yes_ no yes_ no_ yes_ no yes no f Page 3 Preliminary Master Development Plan 11. Are proposed sections or phases of development shown?4*0yes no 12. Is the open space shown for each section or phase? yesk--/no 13. What is the amount of open space in each section or 19. phase? GENERAL CHECKLIST 1. Is open space proposed to be decreased for bonus? yes no 2. What is the amount of decrease? h 4 3. Are any lots proposed to be averaged? yes noi/ 4. Have been parking spaces per unit proposed (by bedrooms) ✓ checked? yes no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE PRELIMINARY MASTER DEVELOPMENT PLAN. Noted Changes or Corrections to the Master Development Plan: The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be developed. (Use additional pages if necessary). These people will be notified by mail of this application. NAME 1. Address: Property ID#: 2. Address: Property ID#: 3. Address: Property ID# 4. Address: Property ID#: Page 4 Preliminary Master Development Plan NAME 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any - COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: All Planning Commission end Ap cants FROM: Planning Staff SUBJECT: Project Presentati s DATE: September 11, 1987 The Planning Commission and staff is requesting, as a new procedure at all Planning Commission meetings, a presentation of your planned development proposal. We would ask that you be prepared to present to the Planning Commission, prior to the staff presentation, all information regarding your proposal. Your presentation should include such discussion items as: 1) Location 2) Type of Housing 3) Number of Lots 4) Open Space and Buffering Facts 5) Road and Traffic Problems and Solutions 6) Environmental Problems and Solutions 7) Recreational Proposals 8) General Merits and Problems of Your Proposal If you have any questions, please call this office. SMG/rsa i. _ _ . .. I !1 '0 </%l \A/:.. t—etar V:rrrinia - 771iO1 A DATE: APPLICAN ADDRESS: PHONE: APPLICATION AND CHECKLIST FINAL MASTER DEVELOPMENT IN THE Cr COUNTY OF FREDERICK, VI G APPLICATION NUMB LAN 0, NIA °AA The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 2. Property tax map and identification number: �/1'iJ � � At)? 7.34°. 3. Property zoning and use: 4. Adjoining property zoning and use: Y � 5. Proposed use: ale rw10/ r v 6. Magisterial District:. 7. Preliminary Master Development Plan Application #: 8. Was Preliminary Master Development Plan approved by Planning Commission? yes no 9. Have all comments by staff and Planning Commission been addressed for the Final Master Development Plan? yes no — FINAL MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Does this plan conform with the Preliminary Master - Development Plan? yes no 2. Note any major changes made: A%'ce- 3. Are adjoining uses and roads shown? yes ono 4. Are drainage easements and improvements shown? VDI D yes ono Page 2 5. Have all calculations been submitted? yes',no- - Disturbance yes_ no - Open space/density yes_ no � - Others yes no 6. Is the approval block shown? yesV-`-�no FINAL MASTER DEVELOPMENT PLAN CONTENTS 1. Are existing subdivisions shown? yeses no 2. Are phases and sections shown? yes V""no 3. Are all common elements shown? yest'` no 4. Are phases and sections economically sound? yes&,O--no FINAL MASTER DEVELOPMENT PLAN STANDARDS AND IMPROVEMENTS 1. Have site plans required for Bonus Improvements been included? yes no - 2. Conference review by Department of Planning and � Development? yes 1- no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE FINAL MASTER DEVELOPMENT PLAN. APPLICATION AND CHECKLIST FOR SUBDIVISION IN THE COUNTY OF FREDERICK, VIRGINIA DATE: 9 ?7 APPLICATION NUMBER: FEE PAID: APPLICAN ADDRESS: PHONE: The following checklist serves solely to. aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1 . Location of property: /,oil _ A�- .5-- 1o,V 1!. ry �ti 41 0 6011-1 /l 2. Pro rty tax map and identification number: 3. Property zoning and present use: 4. Adjoining property zoning and present use: Rle" 5. Magisterial District: ON A//r/� 6. Master Development Plan Application #: 7. Type(s) of housing proposed: 8. Total number of lots: _ 9. What is the subdivision's name? !jxgp PRELIMINARY AND FINAL RECORD PLAT 1. Is the subdivision plat the same as the approved final Master Development Plat? yes no 2. Are the phases or sections shown for recordation the same as the phases/sections shown on the Master Development Plat? yes no SUBDIVISION REQUEST Page 2 3. Are easements through adjoining property needed? yes no`l' 4. Are all easements shown? - sewer„S - water - drainage Jes - others oec 5. What is the total Bond estimate? - for sewage - for water - for erosin & sedimentation - others 6. Do building sites conform with Zoning Ordinance requirements? yes_✓ no_ 7. Are fire hydrants shown? yes vo no 8. Have the following items been checked or shown: a. Lots yes ✓ no- - size, width yes_/ no - zoning conformance yes,/ no- - orientation yes ,/ no— b. Streets yes ✓ no- - alignment and layout yeses no� - service drives yes ✓ no - approach angles yes_✓ no- - Virginia Department of Highways and Transportation conformance yes ✓ no 9. Have all street names been shown? yes&✓ no 10. Do street names duplicate any existing streets? yes no 11. Are street sign locations shown? yeste", no 12. Are all monument locations shown? yes ✓ no - concrete? yes ✓ no- - iron pipe? yes V no GENERALLY 1. Is the plat stamped and certified? yes✓ no 2. Is there an owners statement? yes✓ no 3. Nine copies and reproducable copy to the Planning Department? yes no SUBDIVISION REQUEST Page 3 4. Have detailed construction plans been prepared for: - streets - water lines - sewer lines - storm drainage - common areas - others 5. Have the following been shown on the plat? 1) Approval signature space 2) Match lines 3) Page numbers 4) Subdivision name 5) Owner 6) Subdivider 7) Surveyor or engineer 8) Date of drawing 9) Number of sheets 10) North point and scale 11) Location insert map 12) Adjoining roads and landmarks 13)'Boundary survey 14) Total acreage 15) Location of existing buildings 16) Existing streets and easements 17) Complete drainage layout 18) Flood plain 19) Street cross-section 20) Contours 21) Sewer and water layout 22) Public use parcels yes no yes_ no_ yes no yes_ no yes no yes no yes °/ no yes no yes no yes no yes ✓ no yes 9 not yes ✓ no yes-;;' no yes no_ yes .�- no no yes yes .�'' no_ yes ,9 no yes ✓ no yes no yes ,' no yes no yes„ not yes ,d no_ yes ,-= no yes no yes , no 6. Are protective convenants and deeds in conformance with zoning requirements? yes no NOTES: Please submit this application/checklist to the Department of Plannning and Development along with any fees and plats required. 0-F-11 APPLICATION AND CHECKLIST FOR FINAL MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE: APPLICATION NUMBER: APPLICAN ADDRESS: PHONE: The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1 . Location of property: =�Au 9z- , Z-�.4- 2. Property tax map and identification number: 3. Property zoning and use:�� ✓��`tp"' 4. Adjoining property zoning and use: 5. Proposed use: pp"yley's - v 6. Magisterial District: Q5-A%��pf�� 7. Preliminary Master Development Plan Application #: 8. Was Preliminary Master Development Plan approved by Planning Commission? yes no ✓ 9. Have all comments by staff and Planning Commission been addressed for the Final Master Development Plan? yes no FINAL MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Does this plan conform with the Preliminary Master Development Plan? ✓ yes no. 2. Note any major changes made: p/�j/✓� 3. Are adjoining uses and roads shown? yes ✓no 4. Are drainage easements and improvements shown? yeses no P a-ge 2 5. Have all calculations been submitted? yes/no- - Disturbance yes_ no - Open space/density yes_ no- - Others yes_ no_ 6. Is the approval block shown? yes -no FINAL MASTER DEVELOPMENT PLAN CONTENTS 1. Are existing subdivisions shown? yes/ no 2. Are phases and sections shown? yesv/ no 3. Are all common elements shown? ves v/ no 4. Are phases and sections economically sound? yes►/ no FINAL MASTER DEVELOPMENT PLAN STANDARDS AND IMPROVEMENTS 1. Have site plans required for Bonus Improvements been included? yes no 2. Conference review by Department of Planning and Development? yes ✓ no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COP.IES OF THE FINAL MASTER DEVELOPMENT PLAN. APPLICATION AND CHECKLIST FOR PRELIMINARY MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE: '" APPLICATION NUMBER: APPLICAN ADDRESS: PHONE: N The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: , 2. Property tax map and identification number: -ry11 3. Property zoning and present use: 4. Adjoining property zoning and present use: 5. Proposed uses:,/�� 6. Magisterial District:I��f',��'�� PRELIMINARY MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Is this an original or amended Master Development Plan? 2. Is the Master Development Plan to be waived? yes no b-"'-� 3. Is the scale shown on Master Development Plan? yes t-,no 4 . What is the total area of property? !, 09z 4PI--7. 5. Is the north arrow shown on Master Development Plan? yes 2,-�no 6. Is boundary survey certified? yes ,%4o 7. Is topography shown? yes no%,,-' 8. What is the contour interval? /✓ 9. What is the development's name?®�✓,y�j��' �(/. raye c RRELIMINARY MASTER DEVELOPMENT PLAN CONTENTS 1. Are all land uses clearly shown (housing types)? 2. Are all environmental requirements shown? - Floodplains ..................... - Lakes and ponds .................. - Wetlands ........................ - Natural stormwater retention acres - Steep Stops (0-15) ............... 15 or more) ......... - Woodlands ........................ TOTAL yes 4, no yes r,I/no— Total acres Percent disturbed Amount in open spac 3. Is open space shown? ®dam��'� - yes_ no- - What is total amount of open space? ,/�, 6 Acres - What percent is the open space of the total property? /l % 4. Are recreational facilities required? 5. What housing types are proposed?��1� v 6. Are bonus regulations being proposed? What are they?: - Recreational facilities (15%) - Woodlands (15%) - Landscaping (15%) - Solar access (10%) - Solar construction (15%) - Pedestrian/bike path (10%) - Pedestrian/bike path connector (15%) 7. Are buffers required? - from single family dwellings - from roads 8. Are screens proposed? - from single family dwellings - from roads 9. Are active or inactive buffers proposed?�V/Active 10. Are all buffers and screens shown on the Master Development Plan? A4 4 11. Are the following items shown? - General street layout - Parking areas - Entrances - Utilities yes no L,1 yes no yes_ no yes_ no yes_ no yes_ no yes_ no yes_ no yes no yes no yes_ no yes_ no_ yes no yes_ no yes no Inactive yes_ no_ y 11sV1_ no yes_ no yes_ no yes no Page 3 T;r'eliminary Master Development Plan ?? 11. Are proposed sections or phases of development shown?4;ye's no G - 12. Is the open space shown for each section or phase? /J/,? yes— no 13. What is the amount of open space in each section or phase? GENERAL CHECKLIST 1. Is open space proposed to be decreased for bonus? 2. What is the amount of decrease? h 3. Are any lots proposed to be averaged? 4. Have parking spaces per unit proposed (by bedrooms) been checked? yes— no_ yes no yes no v1 PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE PRELIMINARY MASTER DEVELOPMENT PLAN. Noted Changes or Corrections to the Master Development Plan: The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be developed. (Use additional pages if necessary). These people will be notified by mail of this application. NAM F. 1. Address: Property ID#: 2. Address: Property ID#: 3. Address: Property ID# 4. Address: Property ID#: APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Fee Paid Date: Tyxle Application # Applicant/Agent: Address: a-7 e Phone: Owners name: a. /;//- ��I2i�JS Address: Phone: Please list -names of all owners, principals, and/or majority stockholders: Contact person: Phone: Name of Subdivision: Property Location: (Give State Rt.#, distancE irection from intersection) c� V y Magisterial District:14'*y/71ee_ Tax ID Number (21 digit) �i�D�ly — ODD -Oap®- liDZ3D.�'•�' Wo _©ago-6Ci2�/D 5 Property zoning and present use: Adjoining property zoning and use: Has a master Development Phan been submitted for this project? Yes No If yes, has the final ,NiDP been approved by the Board of Supervisors? YeNo What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes. 2 r APPLICATION #002-87 Harold N. and Betty L. Strosnider Request to Mix Housing Types LOCATION: West side of Broad Avenue, 1/4 mile from Senseny Road, in the Lockhart Subdivision MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land use and RP Residential Performance Zoning PROPOSED USE AND IMPROVEMENTS: This request is to place duplexes in an area with single-family detached dwellings. REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - We have no further comments. It is our understanding this proposal does not adjoin the Department of Transportation's right-of-way. Sanitation Authority - Authority sewer and water facilities serve the parcel. Greenwood Fire Company - No objections Inspections Department - Proposed duplexes to be designed and built in accordance with the One and Two Family Dwelling Code or BOCA Basic National Building Code, Use Group R-3. Planning and Zoning - The proposed request to mix houses meets the requirements of the RP residential performance regulations. The request is in a development, the Lockhart Subdivision, that is over 50% subdivided, 50% constructed and 50% sold. Therefore, the applicant may upon Planning Commission and Board of Supervisors approval mix housing types. The Lockhart Subdivision and adjoining Burning Knolls Subdivision are single family detached neighborhoods with a mix of mobile homes. These duplex units would be the second mix of housing types requested for the Lockhart Subdivision. The first duplex unit was approved in January 1984, for the same subdivision on the same street (Broad Avenue). r Strosnider Page Two The previous request to mix housing types was for one unit attached to an existing unit. The staff in reviewing this request feels that since the approval to allow a mix of housing types has already been approved in this neighborhood, that additional units would not change the existing character of this subdivision. The request can meet the requirements of the RP, Residential Performance District. Buffering and screening is not required and open space may be waved. STAFF RECOMMENDATIONS: Approval of the request to mix housing types to allow two duplex units. PLANNING COMMISSION RECOMMENDATIONS: Denial, by majority vote: YES (TO DENY): Messrs. Golladay, DeHaven, Wilson, Romine, Brumback NO: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers r t f APPLICATION AND CHECKLIST FOR A REQUEST TO MIX HOUSING TYPES IN THE COUNTY OF FREDERICK, VIRGINIA DATE: /p�-�` �--�j� APPLICATION NUMBER: FEE PAID: 1�.� APPLICAN ADDRESS: PHONE: The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: ve. 2. Property tax map and identification number: 6:,SF3 -parcel 3. Property zoning and present use: RP VQeGnt Lot.S 4. Adjoining property zoning and present use: A>P defncher dlyellin4 s 5. Proposed use: plexes 6. Magisterial District: :5ywr]P� 7. Name of Subdivision: Lockhart- _-5tibcL/ 8. Name of property or property owner: Z. 9. Numbers of lots on record (presently recorded) of the total proposed lots: , 10. Number of lots proposed for totallAroperty: . 11. Number of dwelling units built: 12. Number of lots sold: 13. Housing type proposed: DJI' t � ' 14. Lot size proposed: ZG�j ;la.. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. [Use additional pages if necessary.] These people will be notified by mail of this application: This information can be obtained from the Office of the Commissioner of Revenue, 9 Court Square, Winchester, VA (directly across from the Court House side entrance). NAME • J��el ��'n/ Ad d r e s : Property ID : 04 Oc� o - D G06 © o 2 • t/r1 lI Oldie Address Q° f - b� Z41 �'-, fit% 2�—b C % Pro erty ID : 3-f Pr�erty I # �vi�U r1v 6 QOo�r-��aao - p bJ - 4 • A ress .7 (r46 OD ty I/a0�) ©a6-o Sfyl,/ - a vaG �1--Q _l A ess: -:;ZZ-7 6 Property ID : r-106� Addres ��r e s�, Pro erty ID#: 7• db 00 ,, oO OG ve5U — te a Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 11. Additional comments. if anv -� T -< 4�Ya K}r lrJ+i _ t r PI Of � �•� __ `�_ $_ s � _ _ •food: �4? p r . F `29 'o'� 4 2p `2 6 _ 3 3� 1 I/ Yi 6 � • A _:5�x'*, t � -- `. / � T ♦sue r.tom e•- :��'m4� /% +--�--.`Fa�� kr �i.. /3 x i - • �. Y / .�.A - � s . � - � mac. \ �• - � y L '��r� T u�t .-. j�s��e•f.-� ..,.,�„ 1 t-le.'- _ / ,p J � � �; fw t.�h� � t'�� -> k * •ham-'. }` � �"�Yt#y��i��' ��: f �''!^y_,�,r"'�.fp�'�'t�"�� j� j.�r v �•• �- � . • � \ �Tj� � 11/j'r� F•'�-�t � �R;,u �'��..�,. �.g'ss. �,y {nc"`�: .,a. 1~� PUBLIC MEETINGS Preliminary Master Development Plan for Kerns Lots (Broad Avenue) Lockhart Subdivision for the subdivision of 1.084 acres into eight lots for four duplex units. Action - Denied Mr. Watkins said that this site was approved for duplex units (mixed use in an RP District) by the Board of Supervisors on February 11, 1987. Chairman Brumback inquired about the Highway Department's request for curb and gutter. Mr. Gyurisin said that the Highway Department felt a shared entrance or a curb and gutter entrance was needed to accomodate the radius for a standard entrance onto Broad Avenue. Mr. Allen Ebert, Land Surveyor, was the representative for this preliminary master development plan. Mr. Stiles said that when the Planning Commission considered this request to mix housing types on February 4, 1987, the proposal was for two buildings, one on each lot, with each building containing two units. He said that the Board of Supervisors approved the request on that basis. He said that now the proposal is for four buildings, with eight units, on 26' wide lots (totalling approximately one acre) with the buildings themselves being 16' wide and 22' long. Mr. Stiles felt this density was too high. Chairman Brumback said that it was not the Planning Commission's intent to have this type of situation in a single-family neighborhood. Mr. Michael L. Payton, resident on Lot 30, was not in favor of four structures being placed on one acre in this area. The Commissioners felt that this proposal did not meet the "intent" of the RP Section of the Zoning Ordinance. Upon motion made by Mr. Wilson and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny the Preliminary Master Development Plan of the Kerns Lots (Broad Avenue) Lockhart Subdivision for the subdivision of 1.084 acres into eight lots for four duplex units. This property is located on Route 831 (Broad Avenue), on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. Preliminary Master Development Plan #002-87 of Valley Mill Terrace Apartments for eighteen two -bedroom units contained in two garden apartment structures in the Stonewall District. Action - Denied 2441 REVISED PRELIMINARY MASTER DEVELOPMENT PLAN Kerns Lots (Lockhart Subdivision) Broad Avenue Zoned RP (Residential Performance) 6 Lots (.1.084 acres) LOCATION: Route 831 (Broad Avenue) - Lockhart Subdivision located on the south side of Senseny Road, east of Winchester. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land use and RP (Residential. Performance) Zoning. PROPOSED USE AND IMPROVEMENTS: Subdivision of 1.084 acres into six lots for three duplex .9tructures with six dwelling units. REVIEW EVALUATIONS: VA Dept. of Transportation - It would be our recommendation that curb and gutter should be placed, along this proposed development due to the narrow lots in order to accomodate private entrances. This work would require a permit. When curb and gutter are placed, a permit would be required. Sanitation Authority - No objection. Sewer and water available to site. Greenwood Fire Company - The Greenwood Volunteer Fire Company has no problem with this site at this time. Planning and Zoning - No objection. The site was approved for duplex units by the Board of Supervisors on February 11, 1987; Case #002-871, Request to Mix Housing Types. The Preliminary Master Development Plan meets all applicable master plan and RP requirements. This should be considered as a preliminary master plan and not a final subdivision plat. A site plan is not construction permit approval. There are no environmental areas requiring protection. 30% open space is required and is shown along the rear of the parcel. Open space less than one acre may be waived. Recreation facilities are not required. Density bonus increases have not been applied for or proposed for this site. Buffer distances are not required. All dimensional requirements such as lot size, setbacks, and yards can be met. All parking and access requirements can be met. This plan meets all applicable land use planning standards for duplex units granted the right to mix uses in an existing subdivision of mostly single family sues. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION RECOMMENDATION: Denial by unanimous vote on July 1, 1987. APPLICATION AND CHECKLIST FOR PRELIMINARY MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE. APPLICANT/AGENT: C<- j; 7 ADDRESS: -_, ,. i•. PHONE: . r r; APPLICATION NUMBER: The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1 . Location of property:` / E� /� 7 2. Property tax map and identification ,number: -> ;- ,) 3. Property zoning and present use: 4. Adjoining property zoning and present use::: 5. Proposed uses: 6. Magisterial District: PRELIMINARY MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Is this an original or amended Master Development Plan?",' 2. Is the Master Development Plan to be waived? yes no/--- 3. Is the scale shown on Master Development Plan? yes¢. --'no 4. What is the total area of property? 5. Is the north arrow shown on Master Development Plan? yes;, no 6. Is boundary survey certified? yes k-' no 7. Is topography shown? 8. What is the contour interval? 9. What is the development's name? yes no N%� �IMINARY MASTER DEVELOPMENT PLAN CONTENTS Are all land uses clearly shown (housing types)? 2. Are all environmental requirements shown? .4: - Floodplains ...................... - Lakes and ponds .................. - Wetlands ........................ - Natural stormwater retention acres - Steep Stops (0-15) ..... .......... (15 or more) ........ . - Woodlands ........................ TOTAL yes �/ no yes .z-,-"no Total acres Percent disturbed Amount in open spac An 3. Is open space shown? yes no - What is total amount of open space? Acres - What percent is the open space of the total property? /< % 4. Are recreational facilities required? yes_ no!=r 5. What housing types are proposed J'. 6. Are bonus regulations being.proposed? yes_ no , What are they?: - Recreational facilities (15%) - Woodlands (15%) - Landscaping (15%) - Solar access (10%) - Solar construction (15%) - Pedestrian/bike path (10%) - Pedestrian/bike path connector (15%) 7. Are buffers required? - from single family dwellings - from roads 8. Are screens proposed? - from single family dwellings - from roads 1 _ ___._ 9. Are active or inactive buffers proposed'.t �Active- 10. Are all buffers and screens shown on the Master Development Plan? AIR 11. Are the following items shown? - General street layout - Parking areas - Entrances - Utilities yes_ no yes_ no yes_ no yes_ no yes no yes_ no yes no yes no G '' yes no yes no yes no yes_ no yes no Inactive— yes— no— // Y _ n 0- yes— no_ yes_ no yes no ..j, 3 Liminary Master Development Plan ? �� . Are proposed sections or phases of development shown? 4//yes no `;`.•` 2. Is the open space shown for each section or phase. yes no 1 ryR 13. What is the amount of open space in each section or phase? GENERAL CHECKLIST 1. Is open space proposed to be decreased for bonus? 2. What is the amount of decrease? -� 3. Are any lots proposed to be averaged? yes— no— yes— no!,-' 4. Have parking spaces per unit proposed (by bedrooms) been checked? yes not.;:, PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE PRELIMINARY MASTER DEVELOPMENT PLAN. Noted Changes or Corrections to the Master.Development Plan: The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be developed. (Use additional pages if necessary). These people will be notified by mail of this application. NAME 1. Address: Property ID#: 2. Address: Property ID#: 3. Address: Property ID# 4. Address: Property ID#: APPLICATION AND CHECKLIST FOR FINAL MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE: l�r'" �/� ;, «� .�"•=f APPLICANT/AGENT:,/ ADDRESS: 1_ 'f PHONE: APPLICATION NUMBER: The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1 . Location of property 2. Property tax map and identification number: `�'—/Ji1 3. Property zoning and use: 4. Adjoining ro ert zoning and use: 5. Proposed use: 6. Magisterial District: 7. Preliminary Master Development Plan Application #: 8. Was Preliminary Master Development Plan approved by Planning Commission? yes no 9. Have all comments by staff and Planning Commission been addressed for the Final Master Development Plan? yes ✓no FINAL MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Does this plan conform with the Preliminary Master Development Plan? yes no_ 2. Note any major changes made: 3. Are adjoining uses and roads shown? yes LZ no 4. Are drainage easements and improvements shown? yeses no gage 2 / 5. Have all calculations been submitted? yesno :.a - - - Disturbance yes_ no- - Open space/density yes_ no - Others yes no 6. Is the approval block shown? yesVno FINAL MASTER DEVELOPMENT PLAN CONTENTS 1. Are existing subdivisions shown? yes✓ no 2. Are phases and sections shown? yes' no 3. Are all common elements shown? yesj-/ no 4. Are phases and sections economically sound? yesv no FINAL MASTER DEVELOPMENT PLAN STANDARDS AND -IMPROVEMENTS 1. Have site plans required for Bonus Improvements been included? yes no 2. Conference review by Department of Planning and Development? yes no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE FINAL MASTER DEVELOPMENT PLAN. Y - h PRELIMINARY PLA T.• KERNS LOTS BROAD AVENUE - VA. ROUTE 631 SHAWNEE DISTRICT FREDERICK COUNTY ZONED: RP VIRGINIA 7 JULY 1987 65 GM % UO pP GREENWOtSD HEIGH S !/ s A_srrsr`r! suv BURN11 j KNOLLS "0 - p 657'SITE ` 656 VQt61WA DEPARTMENT OF HIGHWAYS DATE FREDERICK COUNTY SANITATION AUTHORITY DATE FREDERICK COUNTY SUBDMSION AOMWISTRATOR DATE FREDERICK COUNTY PLANNW6 COMMISSION DATE FREDERICK COUNTY BOARD OF SUPERVISORS DATE OWNER'S CERTIFICATE: SURVEYOR'S CERTIFICATE: L. ALLEN EBERT PWESS/ONAL LAND SURVEYOR 35 W. fiMC4 WEN Sr MV ESTER, VA M01 7036673233 LOT 22 ON O O J ,IRON PIN FOUND PT. BEG.IRON PIN-� S 67` 44' 07" E - 216.30' 0 J LOT A �� 15,561 SQ. FT. o co M_ IRON PIN N 68. 02' 23" W - 220.05' IRON PN_- N LOT 23 ,N (V I LOT 24 N W O N LOT B C6 co i o Q? �3 - M ti 15,699 SQ FT. ti �o o N_i--IRON PIN S 6R• C17' 7-4" r 76' M ti 0 LOT C J N cs 15,962 SQ. 0 ' N 68. 02' 23" ' \-POST LOT 11 - D.B. 206 - P. 459 • IRON PIN-/ N Cl) M FT. ti 0 t6' IRON PIN A w F_ N N010 O. a: ` Q > o M l m w� z W 3 > Q� 0 Q 0 cr cn u Eo Mr. Wilson said that his biggest concern regarding this area was overloading Senseny Road, but the Highway Department has stated that the roads are adequate for the development. Mr. Wilson then moved for approval with staff recommendations and this motion was seconded by Mr. Romine. Mr. DeHaven was concerned about further RP development with this size lots in this area. He was also concerned that with the availability of pumping stations, there was no limit to how far the development would go. BE IT RESOLVED, That the Frederick County Planning -Commission does hereby unanimously approve the preliminary master development plan of Apple Ridge Subdivision for 119 single-family cluster lots with streets and open space with a buffer reduction for the Senseny Road collector to 75 feet. This property is located at the north side of Route 657 (Senseny Road) in the Shawnee Magisterial District. Revised Preliminary Master Development Plan for Kerns Lots (Lockhart Subdivision) on Broad Avenue for the subdivision of 1.084 acres into six lots for six duplex units (three buildings) in the Shawnee District. Action - Denied Mr. Watkins noted that the significant change over the previous plan was that they were showing open space along the rear of the lot. Chairman Brumback inquired if the Highway Department would be requiring curb and gutter. Mr. Gyurisin replied that the developer could use combination driveways which may not require curb and gutter. Mr. Butch Kerns, owner of the property, was present to answer questions. Mr. Stiles was concerned why Mr. Kerns was still asking for more units than what was proposed to the Board of Supervisors on February 11, 1987. Mr. Kerns said that Mr. Strosnider, owner of the property when he had it under contract to purchase, was the one who was present at the meeting. Mr. Kerns said that his contract with Mr. Strosoider stipulated that it would be approved for three duplex buildings (six dwelling units). Mr. Kerns felt it would not be economically feasible to put four units on the property. Mr. Michael Payton, adjoining property owner, was opposed to any duplex development because of the single-family neighborhood. Mr. Sanford Payton, adjoining property owner, said he was under the impression that the proposal was for two duplexes with four families. Mr. Payton was concerned that this would be low income housing. He was also concerned there would be no place for children to play except on the streets. 2459 Mr. Nevin Lanham, adjoining property owner, had concerns regarding drainage. Mr. Lanham also was concerned about the traffic situation. Mr. Paul Brill, adjoining property owner, was concerned about water backing up on his property. It was the feeling of the Planning Commission that this proposal did not meet the intent of the RP Section of the Zoning Ordinance. They also felt this was too many buildings on this property in a single-family neighborhood. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny the revised preliminary master development plan of the Kerns Lots for the subdivision of land for six duplex units (three buildings). This property is located on Route 831 (Broad Avenue) in the Lockhart Subdivision, Shawnee Magisterial District. PUBLIC HEARINGS Conditional Use Permit #014-87 of Roger L. Mogle for a Cottage Occupation for small engine repair in the Opequon District. Action - Approved Mr. Roger Mogle, applicant, said that regarding sewage, his existing septic system is well over 40 years old and failing. Due to the State moratorium in the area, he cannot hook up to County sewer. Mr. Mogle said that he has an agreement with the Health Department that as soon as the moratorium is lifted, he will hook up to County sewer. Mr. Mogle next discussed his hours of operation with the Commission. Mr. Mogle said that due to the property boundaries and location of the County fire hydrant, that he would not be able to make the entrance the Highway Department has recommended. Mr. Stiles said that if the Highway Department required this, the Planning Commission had no control. Mr. Stiles suggested that the applicant work with the staff and the Highway Department on the matter. The Commission next discussed the distance to adjoining homes and Mr. Mogle stated that he spoke with his neighbors about the project and there were no complaints. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #014-87 of Roger L. Mogle for a Cottage Occupation/Small Engine Repair, to be located on Route 277, in the Opequon District, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2460 I 331_ Upon motion made by Rhoda W. Maddox, seconded by Thomas B. Throckmorton and passed unanimously, Velma Carmon was appointed to serve on the Shenandoah Area Agency on Aging, said term to expire on September 30, 1990. ROBERT B. HOWARD APPOINTED TO THE CHAPTER 10 BOARD Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, Robert B. Howard was appointed to the Chapter 10 Board, filling the unexpired term of Kathy Geiman, said term to expire January 31, 1989. BOARD RECEIVED INVITATION TO LORD FAIRFAX PLANNING DISTRICT COMMISSION'S ANNUAL LEGISLATIVE DINNER MEETING Mr. Stiles asked the Board members to contact Mr. Riley's office if they were interested in attending this meeting. PLANNING COMMISSION BUSINESS SUBDIVISION REQUEST OF LENOIR CITY COMPANY OF VIRGINIA - APPROVED Mr. Watkins, Director of Planning and Development, present- ed"this request and stated that the Planning Commission had recommended approval. Mr. Tom Gilpin, owner, appeared before the Board on behalf of this request. There was no opposition. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the subdivision request of Lenoir City Company of Virginia was approved. SUBDIVISION REQUEST OF JAMES M. HORTON - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. James Horton, owner, appeared before the Board on be- half of his request. There was no opposition. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the subdivision request of James M. Horton was approved. REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - KERNS LOT (LOCKHART SUBDIVISION) - DENIED 33� Mr. Watkins appeared before the Board and stated that the Planning Commission had recommended unanimous denial for this request on July 1, 1987. Mr. Sanford Peyton, adjoining property owner, appeared be- fore the Board and stated that he objected to having three units built on this property because of the traffic that would be gene- rated. Mr. Kevin Lanham, adjoining property owner, appeared before the Board and stated that he was worried about the drainage problems that would come from the construction of three units. Mr. Peyton appeared before the Board again and stated that three other neighbors that objected to this request were unable to be present. Mrs. Maddox asked why the agencies had not addressed the drainage situation. Mr. Watkins stated that would be addressed later on in the development process. Mr. Throckmorton moved to deny based on reasons already stated and due to the mixed housing types that the present plans called for. Mr. Owings seconded Mr. Throckmorton's motion and the vote was unanimous for denial. REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - DOMINION KNOLLS - WITHDRAWN Mr. Stiles stated that a request had been submitted to have this request withdrawn for this meeting and that it would be resubmitted for the next Board meeting. He further stated that he, Mr. Orndoff, Mr. Riley and Mr. Watkins had met with the owners on this request and he felt confident that the revised plan would be much better. PUBLIC HEARING REZONING APPLICATION #024-87 OF M. J. AND BETHEL L. MATHISON - SHAWNEE MAGISTERIAL DISTRICT - WITHDRAWN As noted earlier in the meeting, this rezoning request was withdrawn. REZONING APPLICATION #030-87 OF B. K. HAYNES CORPORATION - BACK CREEK MAGISTERIAL DISTRICT - TABLED I PRELOWNARY PLA T: KERNS LOTS BROAD AVENUE - VA. ROUTE 831 SHAWNEE DISTRICT FREDERICK COUNTY ZONED: RP VIRGINIA 7 JULY 1967 i 65 so — j ai-- lGREEIGHTSENWOOD � ..X. sot BURNINGI KNOLLS%/ SITE II � 656 VIRGINIA DEPARTMENT OF HIGHWAYS DATE FREDERICK COUNTY -SANITATION AUTHORITY DATE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY PLANNING_ COMMISSION DATE FREDERICK COUNTY -_ BUARD OF SUPERVISORS DATE OWNER'S CERTIFICATE: SURVEYOR'S CERTIFICATE: L. ALLEN EBERT PROFESS/ANAL LAND SURVEYOR 35 W, BXrAMR Sr WMESTER, VA 22601 703 667 3233 r M` ;,'-irTury riry — 33.20' f- 0 J a) �I ti o ! CD H.,,,-IRON PIN ; 04 3+21' 1 1 W w u O N m N m CI 0o o w M ti d. ! O ZIRON PIN 33 21' ti I F- I0 J 04 Oilm m o Q `POST ND LOT 22 V a' PT. BEG. 1 IRON PIN S 67' 44' 07" E - 216.30' j`) wl 00 LOT A zl w 15,561 SQ. FT. ~ M 1 010 IRON N 66' 02' 23" W - 220.05' PINS N a. LOT 23 cV . I LOT 24 N LOT B m a ,k,.- M in3 15,699 SQ FT. ti ci o 1 0 w O M S 68' 02' 23" E - 223,76' z PIN--/ N w 3 ,IRON cn \ LOT C Q 15,962 SQ. FT. Lo o o r- Q 0. N 6802' 23" W - 227.46' 0 IRON PIN -'I co LOT II - D.B. 206 - P. 459 OPEN SPACE PER LOT: LOT A: 2,385 SQ. FT. LOT B: 2,349 SQ. FT. LOT C: 2,349 SQ. FT. TOTAL: 7,064 SQ. FT. TOTAL AREA : 47,222 SQ. FT. * 15% = 7,083 SQ. FT. 50-M 14 - PUBLIC MEETING Revised Preliminary Master Development Plan of the Kerns Lots, Zoned RP, 1.084 Acres, for five lots for four duplex units and one single-family traditional lot, located on Route 831 (Broad Avenue), Lockhart Subdivision, on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. Action - Denied Mr. Watkins noted that the right to mix uses in an existing subdivision of mostly single family uses was approved by the Board of Supervisors on February 11, 1987. He added that the plan meets all applicable master plan and RP Requirements. Mr. Butch Kerns, applicant, said that this revised proposal represented a compromise. Mr. Kerns said that when the narrow lots were proposed, the VDOT recommended curb and gutter; however, with this new configuration, they may not require it. Mr. Stiles said that when the request to mix housing types was approved, it was with the understanding that it would be for two buildings with four units. Mr. Wilson said that he talked with some of the adjoining property owners and they are satisfied with this layout as a compromise. Mr. Wilson then moved for approval and Mr. Romine seconded the motion, but the motion lost due to the following vote: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Wilson, Romine NO: Messrs. Stiles, Myers, Golladay, DeHaven, Brumback Motion was then made by Mr. Golladay and seconded by Mr. Stiles to deny the revised plan and the revised plan was denied by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny the Revised Preliminary Master Development Plan of the Kerns Lots (Lockhart Subdivision) on Broad Avenue for the subdivision of 1.084 acres into five lots for four duplex units and one single-family traditional lot in the Shawnee Magisterial District. YES (TO DENY): Mrs. Copenhaver and Messrs. DeHaven, Golladay, Myers, Stiles, McDonald, Brumback NO: Messrs. Romine, Wilson, Final Master Development Plan #005-87 of Grove Heights, Zoned RP, 74.359 Acres, located on the north side of Route 50, a short distance from Interstate 81, in the Shawnee Magisterial District. 2595 REVISED PRELIMINARY MASTER DEVELOPMENT PLAN Kerns Lots (Lockhart Subdivision) Broad Avenue Zoned RP (Residential Performance) 5 Lots (1.084 acres) LOCATION: Route 831 (Broad Avenue); Lockhart Subdivision, located on the south side of Senseny Road, east of Winchester. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Residential land use and RP (Residential Performance) Zoning. PROPOSED USE AND IMPROVEMENTS: Subdivision of 1.084 acres into five lots for four duplex units and one single-family traditional lot. REVIEW EVALUATIONS: VA. Dept. of Transportation - It would be our recommendation that curb and gutter should be placed along this proposed development due to the narrow lots in order to accomodate private entrances. This work would require a permit. When curb and gutter are placed, a permit would be required. Sanitation Authority - No objection; sewer and water available to site. Greenwood Fire Company - The Greenwood Fire Company has no problems with this site at this time. Planning and Zoning - No objection. Four duplex units in two structures and one single-family traditional lot are planned. The site was approved for duplex units by the Board of Supervisors on February 11, 1987; Case #002-87, Request to Mix Housing Types. The preliminary master development plan meets all applicable master plan and RP requirements. This should be considered as a preliminary master development plan and not a final subdivision plat. A site plan is not construction permit approval. There are no environmental areas requiring protection. 30% open space is required and is shown along the rear of the parcel. Open space less than one acre may be waived. Recreation facilities are not required. Density bonus increases have not been applied for or proposed for this site. Buffer distances are not required. All dimensional requirements such as lot size, setbacks, and yards can be met. All parking and access requirements can be met. This plan meets all applicable standards for duplex units. The right to mix uses in an existing subdivision of mostly single family uses has been granted. STAFF RECOMMENDATIONS: Approval APPLICATION AND CHECKLIST FOR PRELIMINARY MASTER DEVELOPMENT PL IN THE COUNTY OF FREDERICK, VIRGINIA? DATE: /* V. / �7, /? u.`7 APPLICANT/AGENT: 61417, ADDRESS: Vj 7-7 V.0� i PHONE: APPLICATION NUMBER: 15 !eF . OF � fi"'a �✓J The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1 . Location of rope,rty: �4'•;'j,<- 0+�� 3 ��" �� ' 2. Property tax map and identification number: ;Ii-%i 3. Property zoning and present use: 1s�y°t7i 4. Adjoining property zoning and present use: 5. Proposed uses:/f/:f�/%��,r� `�' ,�' `%c3.w� �,/, . Y" �� era 6- 6. Magisterial District: t��' �, ?, f1�.f:°e- PRELIMINARY MASTER DEVELOPMENT PLAN SPECIFICATIONS 1 . Is this an original or amended Master Development Plan? 2. Is the Master Development Plan to be waived? yes no 3. Is the scale shown on Master Development Plan? yes;/no 4. What is the total area of property? /, Ze1 1,r--!, 5. Is the north arrow shown on Master Development Plan? yes ,,"no 6. Is boundary survey certified? yes t--' 11 no 7. Is topography shown? 8. What is the contour interval? 9. What is the development's name? yes , no - .- .mac. ,� �%f ; ,•"z"" !/� , Page 2 PRELIMINARY MASTER DEVELOPMENT PLAN CONTENTS 1. Are all land uses clearly shown (housing types)? yes✓ no_ 2. Are all environmental requirements shown? yeskl"�no Total Percent Amount in acres disturbed open space - Floodplains ..................... G - Lakes and ponds .................. - Wetlands ........................ O - Natural stormwater retention acres - Steep Stops (0-15) ............... 15 or more) ......... - Woodlands TOTAL r 3. Is open space shown? yes L-�no - What is total amount of open space? 0 Acres - What percent is the open space of the total property? j % 4. Are recreational facilities required? 5. What housing types are, proposed? V 6. Are bonus regulations being proposed? What are they" - Recreational facilities (15%) - Woodlands (150) - Landscaping (15%) - Solar access (10%) - Solar construction (15%) - Pedestrian/bike path (10%) - Pedestrian/bike path connector (15%) 7. Are buffers required? - from single family dwellings - from roads 8. Are screens proposed? - from single family dwellings - from roads yes no �] R 9. Are active or inactive buffers proposed?//Active_ 10. Are all buffers and screens shown on the Master Development Plan? 11. Are the following items shown? - General street layout - Parking areas - Entrances - Utilities yes no yes_ no yes_ no_ yes_ no yes_ no yes_ no yes_ no— yes— no yes no yes_ no yes no yes no yes_ no yes no— Inactive— yes— no_ yes_ no yes_ no_ yes_ no yes no Page 3 Preliminary Master Development Plan 11. Are proposed sections or phases of development shown? yes no 12. Is the open space shown for each section or phase? yesk--"no 13. What is the amount of open space in each section or phase? GENERAL CHECKLIST 1. Is open space proposed to be decreased for bonus? yes no Poo"' 2. What is the amount of decrease? 11 4 3. Are any lots proposed to be averaged? yes no;/ 4. Have parking spaces per unit proposed (by bedrooms) been checked? yes no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE PRELIMINARY MASTER DEVELOPMENT PLAN. Noted Changes or Corrections to the Master Development Plan: The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be developed. (Use additional pages if necessary). These people will be notified by mail of this application. NAME 1. Address: Property ID#: 2. Address: Property ID#: 3. Address: Property ID# 4. Address: Property ID#: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: All Planning Commission end, Ap ;cants FROM: Planning Staff ! SUBJECT: Project Presentati s DATE: September 11, 1987 The Planning Commission and staff is requesting, as a new procedure at all Planning Commission meetings, a presentation of your planned development proposal. We would ask that you be prepared to present to the Planning Commission, prior to the staff presentation, all information regarding your proposal. Your presentation should include such discussion items as: 1) Location 2) Type of Housing 3) Number of Lots 4) Open Space and Buffering Facts 5) Road and Traffic Problems and Solutions 6) Environmental Problems and Solutions 7) Recreational Proposals 8) General Merits and Problems of Your Proposal If you have any questions, please call this office. SMG/rsa -. __ .. I - n n.... 4ni 1x1;--1.octor V:r-rrinin - 77Ai(11 LOT 22 S 67. 44' 07" E - 216.3' . 7, 810 SQ. F S 66' 02' 23" E - 218.2C MM 2- 71751SQ. F , Lor 23 220.05' LOT 24 - z a a iv) o N ' 4 - f� Mw. ; O J i 3 15, 699 SQ. F 223.76' 7,948 SQ. F�T 5 - 81014 SQ. "F7 r N ; 33.2rN 68' 02' 23" W - 227.46' OPEN SPACE PER LOT: LOT I: 1,210 SQ. FT. LOT 2: 1,174 SO. FT. LOT 3: 2,349 SO. FT. LOT 4: 1,175 SQ. FT. LOT S: 7S S FT. TOTAL , TOTAL AREA: 47,222 SQ. FT. X 15% n; :' 7,093 SQ. FT. •—RON PIN SET LOT II - - D.B. 206 - P. 459 ti m ui wM M N _o D it) Oa m M N N Q � M cli G � 3 00 �, M Z a' N wo ' e > V y a m M Q �e O M in M e ' + V ` S RELIMNARY PLA T. F KERNS LOTS BROAD AVENUE - VA. ROUTE 831 SHAWNEE DISTRICT FREDERICK COUNTY ZONED: RP VIRGINIA 28 OCTOBER 1987 65 .� i G EN T GREENW D ' o HEIG TSjj� ay a sux BURNIN - "'h KNOLLS - .SITE . � �-✓__ � - - - I 656 i VIRGILUA DEPARTMENT OF HIGHWAYS DATE FREDERICK COUNTY SALUTATION AUTHORITY PATE FREDERICK COUNTY SUBDIV ION ADM9BSTRATOR PATE FREDERICK COUNTY PLANNING COMMISSION DATE FREDERICK COUNTY BOARD OF SUPERVISORS DATE OWNER'S CERTIFICATE: SURVEYOR'S CERTIFICATE: L. ALLEN EBERT PROFESSIONAL LAND SURVEYOR 35 W. 8=1 WR ST. WWMTOR, VA 2X01 706673233 PAGE I OF 2 FINAL PL A T: REF. TAX MAP 65 B BLOCK 6 KERNS LOTS TRACTS 23 8 24 BROAD AVENUE - VA. ROUTE 831 SHAWNEE DISTRICT ZONED RP FREDERICK COUNTY VIRGINIA 5 JUNE 1989 GNEENW000 VE GREENW D HEIGH� oo y � h � �``` •, ROW =y suvs BURNIN a oy KNOLLS--- pD 651 I \ ISITE 656 DEPARTMENT OF HIGH �� OF HIGHWAYS Re DATE10 FREDERICK COUNTY SANITATION AUTHORITY _ _ _ __ _. DATE FREDERICK COUNTY GATE SUBDIVISION ADMINISTRATOR FREDERICK COUNTY PLANNING COMMISSION 4:1 DATE FREDERICK COUNTY BOARD OF SUPERVISORS DATE OWNER'S CERTIFICATE: THIS DIVISION, AS IT APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, PROPRIETOR OR TRUS EE. / SURVEYOR'S CERTIFICATE: I CERTIFY THAT THE LAND IN THIS DIVISION IS ALL OF THE REMAINING WESTERN PORTION OF LOT 23 AND LOT 24, C. M. LOCKHART SUBDIVISION (A MATTER OF RECORD IN DEED BOOK 205, PAGE 508), AND IS ALL OF THE LAND CONVEYED TO GRANVILLE. M. KERNS BY DEED DATED 7 APRIL 1987 IN DEED BOOK 643, PAGE 790. L. ALLEN EBERT PROFESSIONAL LAND SURVEYOR C L ALLEN EB40 35 W. fiMCAW& ST. (ucErdsE) No. 1498 703 667 3233 co F-- 0 J O to M N i w 0 O 0 M N Z h 1 IRON PIN FOUND ON PAGE 2 OF 2 LOT 22 S 67. 44' 07" E - 216.3 ' LOT l 1515 6/ SQ. F T. N 680 02' 23" W - 220.05' PT. BEG.—, LOT 23 LOT 24 wli LOT 2 J) co 0 V; c� ti W N1 151699 SQ. FT. m� O i M S 680 02' 23" E - 223.76' ; i i V LOT 3 i 15, 96/ SQ. FT. i 33.2r N 661 02' 23" W - 227.46' LOT it - D.B. 206 - P. 459 OPEN SPACE PER LOT: — TB LOT 1: 2,385 SQ. FT. � �f LOT 2: 2,349 SQ. FT.O LOT 3: 2.349 S0, FT. TOTAL: 7,083 SQ. F r . L. ALLEN EBERT (LICENSE? No. TOTAL AREA: 1498 47,222 SQ. FT. X 15% 7,083 SQ. FT. REQUIRED l9ND BTJRvE1(3 o—IRON PIN SET in r` O M � � O WM D oc� N 111 N � Q O M m � o o W3 o M Z0: . W y � d' Q 0 a m FINAL PLAT: REF. TAX MAP 65B BL OCK 6 KERNS LOTS TRACTS 23 & 24 BROAD AVENUE - VA. ROUTE 831 SHAWNEE DISTRICT ZONED RP FREDERICK COUNTY VIRGINIA 5 JUNE 1989 GREEND HEIGW7S Q a j l ba% of f o a o ! ''yRNIN KNOLLS t 657 m ;SITE f 656 VIRGIMA DEPARTMENT OF HIGHWAYS DATE FREDERICK COUNTY SANITATION AUTHORITY DATE FREDERICK COUNTY SUBDIVISION ADMWISTRATOR DATE FREDERICK COUNTY PLANNING COMMISSION DATE FREDERICK COUNTY BOARD OF SUPERVISORS DATE OWNER'S CERTIFICATE: THIS DIVISION, AS IT APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, PROPRIETOR OR TRUSTEE. SURVEYOR'S CERTIFICATE: I CERTIFY THAT THE LAND IN THIS DIVISION IS ALL OF THE REMAINING WESTERN PORTION OF LOT 23 AND LOT 24, C. M. LOCKHART SUBDIVISION (A MATTER OF RECORD IN DEED BOOK 205, PAGE 508), AND IS ALL OF THE LAND CONVEYED TO GRANVILLE. M. KERNS BY DEED DATED 7 APRIL 1987 IN DEED BOOK 643, PAGE 790. waz: L. ALLEN EBERT PROFESS/ANAL LAND SURVEYOR $ ,L ALLEN E� 5 35 W. MC4 W& Sr. (LICENSE) No. #W"S%ER, VA. 2X01 1498 1703 6617 3233. lq�D QuRv�Yn Nx0 N 1 —IRON PIN FOUND 33.20' I I I I ti r' 1 O 1 I I N o 1 LOT LOT w a O m h V, O ~ Ni M o � 1 N ' 1 Z 1 I I 1 (V ' O I I , i 33.21' �\- Df1CT LOT 22 S67"44'07"E - 216.3 ' LOT l 15,561 SQ. FT. N 68' 02' 23" W - 220.05' PT. BEG.--,, ul ti 23 24 wl LOT 2 ��00 J TO 15, 699 SQ. FT. m ;0) M S 68' 02' 23" E — 223.76' 1 a LOT 3 15, 9 6/ SQ. FT. f N 68' 02' 23" W - 227.46' LOT II - D.B. 206 - P. 459 OPEN SPACE PER LOT: LOT I: 2,385 SQ. FT. LOT 2: 2,349 SQ. FT. LOT 3: 2.349 S0. FT, TOTAL: 7,083 SQ. FT. TOTAL AREA: 47,222 SQ. FT. X 15% 7,063 SO. FT. REQUIRED o—IRON PIN SET L ALLENEBERT (LC8S 1498 ` i OCD O The Accompanying Plat represents a DIVISION SURVEY of the Remaining Western Portion of LOT 23 and LOT 24, C. M. LOCKHART SUBDIVISION (A Matter of Record in Deed Book 205, Page 508) conveyed to Granville M. Kerns by Deed dated 7 April 1987 in Deed Book 643, Page 790. The said Land fronts the Western Boundary Line of Broad Avenue, Va. Route 831, and lies in Shawnee District, Frederick County, Virginia: Beginning at an iron pin in the Western Line of Broad Avenue, a corner to Lot 22; thence with the said Line, S 21' 30' 00" W - 212.25 ft. to an iron pin, a corner to Lot 11 (Deed Book 206, Page 459); thence with the Northern Line of the said Land, N 680 02' 23" W - 227.46 ft. to a post in the Southeastern Line of Lot 17; thence with the said Line and the Southeastern Line of Lot 16, N 24' 30' 00" E - 213.60 ft. to an iron pin (found), a corner to the said Lot 22; thence with the Southern Line of the said Land, S 67' 44' 07" E - 216.30 ft. to the beginning. Containing: Lot 1 = 15,561 Sq. Ft. � Lot 2 = 15,699 sq. Ft. LAL EN EB R Lot 3 = 15,961 Sq. Ft. �'" (LICENSE) No. Total = 47,221 Sq. Ft. 1498 Surveyed: 5 June 1989 t9�'� vrrttVvia El rill PREL 1"NA R Y PL A T. KERNS LOTS BROAD AVENUE VA. ROUTE 631 SHAWNEE DISTRICT FREDERICK COUNTY ZONED: RP VIRGINIA 7 JULY 1967 a., ,,GRI,I,NllllOD G",, 71 A BURNING: - elf SITE' 656 VIRGUA DEPARTMENT OF HIGHWAYS DATE FREDERICK COUNTY SANITATION AUTHORITY DATE FREDERICK COUNTY -SUBDIVISION AOML14STRATOR DATE FREDERICK COUNTY PLANNNG COMMISSION DATE FREDERICK COUNTY BOARD -OF.-SUPERVISORS DATE OWNER'S CERTIFICATE: SURVEYOR'S CERTIFICATE: L. ALLEN EBERF PROFESSIONAL LAND SURVEYOR 35 If BOC4 M Sr WNM70, VA 22601 703 667 3233 LOT 22 PT. BEG. IRON PIN FOUND IRON PIN--, )3.2° I S 67. 44' 07" E - 216.30' W o �J LOT A Z ti F-� 151561 SQ. FT. o IRON rrj IRON IN : N 66' 02' 23" W - 220.05' PIN N N !'21 I LOT 23 N LOT 24 N W � I J n �I O m 0 6 of O � � I N,--IRON PIN 1 LOT 151699 LOT J N co 151962 N 68' 02' 23" I\ - POST LOT II - D.B. 206 - P. 439 OPEN SPACE PER LOT: LOT A: 2,365 SQ. FT. LOT 6: 2,349 SQ. FT. LOT C: 2,349 SQ. FT. TOTAL: 7,064 SQ. FT. TOTAL AREA : 47,222 SQ. FT. 4 15% = 7,063 SQ. F- (6 1 BJI m �3 SQ . FT. do O ' E - 223,76' .n PIN—/ N ,IRON cn c "I M SQ. FT. o V - 227.46' IRON PIN—/ N �• O d G - �' � -. _, � v ......►... yw.avaY.�1. tk.,�'Su.f,,r hRas .asmitJc'se tY PRELIMINARY PLA T: KERNS LOTS BROAD AVENUE VA. ROUTE 831 - SHAWNEE DISTRICT FREDERICK COUNTY r ZONED: RI' VIRGINIA 7 JULY 1987 GftEENW ,Op`4yE pP _� I GREEN v HEIG S SENYf BURN1 KNOLLS jI� 9 0 „JJ � ;SITE 656 VIR61MA DEPARTMENT OF HIGHWAYS DATE FREDERICK COUNTY SANITATION AUTHORITY DATE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY PLANNING _COMMISSION DtTE FREDERICK COUNTY BOARD OF SUPERVISORS DATE OWNER'S CERTIFICATE: SURVEYOR'S CERTIFICATE: L. ALLEN EBERT PROFESSIONAL LAND SURVEYOR 35 W. BWCA WEN ST. W10>ESTER, VA 2X01 - 703 667 3233 ON u 0 J ti 0 J LOT 22 I PT. BEG. -IRON PIN FOUND IRON PIN—� S 67. 44' 0 7 " E - 216.30' LOT WI A ?� ti 151561 SQ. FT. o _M IRON PIN N 66' 02' 23" W - 220 05' IRON PN N cV LOT 23 N i LOT 24 �— CY W o_ o LOT B ml.: �3 m M ti 15,699 SQ FT. r- cso _ Z IRON PIN S 66% 02' 23" E - -223 76' M ._ IRON PIN --/ N cn LOT C N 0 15,962 M SQ. FT, o N 66' 02' 23" W - 227.46' 1\-POST IRON PIN—il LOT II - D.B. 206 - P. 459 Fes w N 0 � Q. m w o. D z w Q G C PRELIMNARY PLA T: KERNS LOTS BROAD AVENUE, - VA. ROUTE 831 SHAWNEE DISTRICT FREDERICK COUNTY ZONED: RP VIRGINIA 7 JULY 1967 p0 GREEN WO_pp_AVE��/'`'�-: GREENW(il I yf- J` 11 HEIGIGIt S y�2y Suv BURNIN s KNOLLS // \\ 657 a m SITE 656 VIRGINIA DEPARTMENT .OF HIGHWAYS DATE FREDERICK COUNTY SANITATION AUTHORITY DATE FREDERICK COUNTY SUBDIVISION ADMWISTRATOR DATE FREDERICK COUNTY PLANNING COMMISSION DATE FREDERICK COUNTY BOARD OF SUPERVISORS DATE OWNER'S CERTIFICATE: SURVEYOR'S CERTIFICATE: L. ALLEN EBERT PROFESSIONAL LAND SURVEYOR 35 W. BOSCA WEN Sr. Wl"STER, VA. 22601 703 667 3233 F 0 f i .. .bo .,- IRON P�1 FOUND LOT 22 PT. BEG. — a 33.20' S 67' 44' 07" E - 216. 0' w p T 8/0 SQ. w ,F Q . M N D S 68. 02' 23" E - 218.20° r 00. O M 2 7', 751 SQ. F - ___ _- m ,M _ Ncr fn . M Cq _ _ N N Q O LOT 23 220.0.5' Ih LOT 24 ®. W Q m� 3 ti Q 15 699 SQ. F M Nf M Z ' NiD 223.76' N O` ®y 2 ic 4 - T, 94 8 SQ. F Q o n. M M 225.61 o cr 5-8,014 SQ* F M m M . 33.21' N 68. 02' 23" W - 227.46' POST LOT II .. - D.B. 206 - P. 439 OPENSPACE' PER LOT: LOT 1: 1,210 SQ. FT. LOT 2: 1,:174 SQ. FT. LOT 3: 2,349 SQ. FT. LOT 4: 1,175 SQ. FT. LOT . 5: 1 75 Sq. FT. TOTAL : 7,063 S TOTAL AREA: 47,222 SQ. FT. X 1.5% 7,063 SQ. FT. --- RON PIN SET r t r z ;ti I Ptanning Dept. COUNTY of FREDERICK P.O. Box 601 - 9 Court Square Winchester, Virginia 22601 JUN 198Z ni�Czjv, , DEpT PLA AND 1)U14DING NNING ry Oil REASON ckECNED Unclaimed— Refused Addressee unknown Insufficient Address No such street No such effic',3t"<r Do not remdll in t . his — -:7 �Z7 1J.s PUS*h"'CL JUN2 6'87 7N RobeAt W. Roach 6 Atice JASine 867 Btoad Avenue Cb j WinchateA, VZtgin,a 22601 �)Cb P, J b N'2 5 lg;;7 ........... PLANNING COUNTY of FREDERICK P.O. Box 601 - 9 Court Square Winchester, Virginia 22601 REASON CF CCt1,EDUnc!Zimzd _�R2fosed� cr/v6'bF/�o� Addrassec ur.; nt7n Insufticiznt A?dress No such streat_nmber -� No such olke in sbte - LJ `" Do not remail la mm etteelop Uv � Robert W. Roach & Alice J. Sine 867 Broad Avenue c cz Winchester, VA 22601 it S.PGSTAGf < MAf876012943�_ JUN l Qg7 ^ AND $ 1:�?r1Vfivt; COUNTY of.FREDERICK Departments of Planning and Building 703/665-5650 May 29, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Kerns Lots - Broad Avenue Preliminary Master Development Plan For: Duplex development on the west side of Route 831, .25 miles south of Route 657, in the Shawnee Magisterial District. This Preliminary Master Development Plan will be considered by the Frederick County Planning Commission at their meeting of June 3, 1987, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 November 24, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: COUNTY of FREDERICK Departments of Planning and Building Kerns Lots (Lockhart Subdivision) Broad Avenue 703/665-5650 Revised Preliminary Master Development Plan For: Subdivision of 1.084 acres into five lots for four duplex units and one single-family traditional lot located on Route 831 (Broad Avenue), Lockhart Subdivision, on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. This master development plan will be considered by the Frederick County Planning Commission at their meeting of December 2, 1987, at 7:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 w This is to certify that attached correspondence was m6ed to the following on November 24, 1987 from the Department of Planning and Development, Frederick County, Virginia: Nelvin H. & Olga Lanham Route 6, Box 628 Winchester, VA 22601 Valley Mortgage & Investment Corp. 2400 Valley Avenue Winchester, VA 22601 Delores N. & Paul S. Brill Route 6, Box 624 Winchester, VA 22601 Robert W. Roach & Alice J. Sine P. 0. Box 2981 Winchester, VA 22601 Michael L. Payton Route 6, Box 660-A Winchester, VA 22601 Sanford Blain & Joyce B. Payton Route 6, Box 660-A \jQivtc-ke-ste-r VA 22bo\ STATE OF VIRGINIA COUNTY OF FREDERICK Harold Strosnider Route 1, Box 358 Stephens City, VA 22655 G. M. Kerns 3237 Valley Avenue Winchester, VA 22601 Allen Ebert 35 W. Boscawen St. Winchester, VA 22601 Robert W. Watkins, Director Frederick County Dept. of Planning I, -'DAzaC- K. Gopg/0"d , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated lyoyev-t6or d4', 1997 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this a�4 day of /% ve . bar , 1987. My commission expires on NOTARY PUBLIC COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 October 8, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Kerns Lots (Lockhart Subdivision) - Broad Avenue REVISED Preliminary Master Development Plan: For the subdivision of 1.084 acres into six lots for three duplex structures with six dwelling units. This Revised Preliminary Master Development Plan will be considered by the Frederick County Board of Supervisors at their meeting of October 14, 1987, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ,his is to certify that attached correspondence was *ed to the following on October 8, 1987 from the Department of. Planning and Development, Frederick County, Virginia: Nelvin H. & Olga Lanham Sanford Blain & Joyce B. Payton Route 6, Box 628 Route 6, Box 660-A Winchester, Virginia 22601 Winchester, Virginia 22601 Valley Mortgage & Investment Corp. Mr. Harold Strosnider 2400 Valley Avenue Route 1, Box 358 Winchester, Virginia 22601 Stephens City, Virginia 22655 Delores N. & Paul S. Brill G. M. Kerns Route 6, Box 624 3237 Valley Avenue Winchester, Virginia 22601 Winchester, Virginia 22601 Robert W. Roach & Alice J. Sine P. 0. Box 2981 Winchester, Virginia 22601 35 W. BoscaWen -St - W'i ry keste. Michael L. Payton Route 6, Box 660-A Winchester, Virginina 22601 Gi Ro ert W .Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, gwl.' - , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated(24t� t IARZ has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of &±&�z- , 1987. My commission expires on�%/ NOTARY PUBLIC • COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 June 26, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Kerns Lots (Lockhart Subdivision) - Broad Avenue REVISED Preliminary Master Development Plan: For the subdivision of 1.084 acres into six lots for four duplex units. This preliminary master development plan will be considered by the Frederick County Planning Commission at their meeting of July 1, 1987, at 7:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that _ attached correspondence was Owed to the following on June 26, 1987 from the D artment of Planning and Develop-Wht, Frederick County, ,VIrginia: Nevin H. 6 Otga Lanham Route 6, Box 628 Winchutett, V-iAginia 22601 Valley MaAtgage S Invmtment Canp. 2400 Valley Avenue WinchezteA, Vi) gin,i.a 22601 Deto,n ens N. 8 Paut S . Bxi 2 Route 6, Box 624 Winche/stett, Virginia. 22601 RobeArt W. Roach S Atice J. Sine 867 BAaad Avenue winehe/steA, Virginia 22601 Michaet L. Payton Route 6, Box 660-A Winche/ste.t, V-ittginia 22601 San4md Main S Joyce B. Payton Route 6, Box 660-A Winche6teA, Vi)Lgini.a 22601 MA. HajLoZd Stko6nideh. Route 1, Box 358 Stephens City, Vii Lginia. 22655 G. M. Kettws 3237 Vattey Avenue WinchateA, V, ginia 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, d�'j Ti/I6� , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated tL QR7 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this L"— day t _V, , 1987. ` My commission expires on 1 ) NOTARY PUBLIC COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 June 18, 1987 Mr. Butch Kerns A Brokers Associated 3237 Valley Avenue Winchester, Virginia 22601 RE: Denial of Preliminary Master Development Plan of Kerns Lots —Broad Avenue Dear Mr. Kerns: This letter is to confirm the Frederick County's Planning Commission's action at their meeting of June 3, 1987: Denial of Preliminary Master Development Plan with open space waiver request of Kerns Lots —Broad Avenue —Lockhart Subdivision for subdivision of 1.084 acres into 8 lots for four duplex units. This property is located on Route 831 (Broad Avenue) — Lockhart Subdivision, south side of Senseny Road east of Winchester in the Shawnee Magisterial District. !If you have any questions regarding your plan, please do not hesitate to call this office. Sincerely, Robert W. Watkins Director RWW/dkg cc: L. Allen Ebert 9 Court Somare - P.O. Box 601 - Winchester, Virginia - 22601 this is to certify the `he attached correspondence was tiled to the following on May 29, 1987 fromr the u partment of Planning and Develop-,ii6nt, Frederick County, Vit ginia: Nevin H. 8 Otga Lanham San6ond Btain 8 Joyce B. Payton Route 6, Box 628 Rowe 6, Box 660-A Winche/stet, V.itcginia 22601 Winchnten, Virginia 22601 VaUey MoAt9age 9 Invntment Comp. Mt. Hattotd S;c.osnideA 2400 Vattey Avenue Rowe 1, Box 358 Winchatett, V, Aginia 22601 Stephene City, V, Aginia. 22655 Detokens N. 9 Paul S. BA. , e G. M. KeA" Rowe 6, Box 624 3237 Vattey Avenue Winche%teA, Vi kginia 22601 WinchesteA, Vi)Lginia 22601 Robeht W. Roach 9 AZice J. Sine 867 Bnoad Avenue WinchesteA, Vi) ginia. 22601 Michaet L. Payton Route 6, Box 660-A Winche,s-teA, ViAginia 22601 �L ,� 4 � �� obert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated %%Q has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this cAq -�-L day of(_ , 1987. My commission expires on t.Zf N TARY PUBLIC PLANNING COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 801 ItCr(,t�Ai WINCHESTER. VIRGINIA 22601 TO FQ c,to 1 00 ,I yhi C." _t`nt r® 2ilr, TOjgl hid a��—� SEN .')" t {?�,+SD CI SI(ED L'ncl me -- r cfuzed ftC llC G' ,v.1 - po i r � DEC i 6'88 Robext W. Roach. S Atice J. Sine 867 Moad Avenue �252627 96 Winche,ste,t, Vitgint.a 22601 ti�,`L` n Cl 19 'Dr COUNT_' of ,FREDERICK Departments of Planning and Building 703/665-5650 December 16, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Kerns Lots (Lockhart Subdivision) Broad Avenue Preliminary Master Development Plan For: Subdivision of 1.084 acres into three lots for three duplex structures with six dwelling units. This property is located on Route 831 (Broad -Avenue), in the Lockhart Subdivision, located on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. This preliminary master development plan will be considered by the Frederick County Planning Commission at their meeting of December 21, 1988, at 7:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, X-46-/*� Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 December 16, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Kerns Lots (Lockhart Subdivision) Broad Avenue Preliminary Master Development Plan For: Subdivision of 1.084 acres into three lots for three duplex structures with six dwelling units. This property is located on Route 831 (Broad Avenue), in the Lockhart Subdivision, located on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. This preliminary master development plan will be considered by the Frederick County Planning Commission at their meeting of December 21, 1988, at 7:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this.. meeting. Sincerely, ; e- - Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on December 16, 1988 from the Department of Planning and Development, Frederick County, Virginia: Nevin H. 9 Otga Lanham Route 6, Box 628 Winche,steA, Vit9i► is 22601 VaUey Mntgage 8 Investment Corp. 2400 Valley Avenue Winche,steA, Vi gini,a 22601 Deto,ta N. 8 Pau.2 S. Bn ill Rowe 6, Box 624 Winche,steA, V.iAginia. 22601 Robert W. Roach 9 Ati.ce J. Sine 867 Bnoad Avenue WinehateA, Virginia 22601 M.ichaet L. Payton Route 6, Box 660-A WinehuteA, ViAg-i,n i.a 22601 San6wLd Bt in 8 Joyce B. Payton Route 6, Box 660-A Winche,steA, Vitgin.c:a 22601 Mn. HarcoZd StAo s n-idvL Rowe 1, Box 358 Stephens City, Virginia 22655 G. M. KeAn6 3237 Va.ttey Avenue Wi.nehe/steA, V,Ag.inia. 22601 Allen Ebert 35 W. Boscawen St. Winchester, VA 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, D;aA e_ /�, Gamy ;// , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated -DC�evrc%er /(o, / �% ?3 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of 1988. My commission expires on 5.�;� fe1tl �r aA3, M 2 y ' NOTARY PUBLIC COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 January 4, 1989 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Kerns Lots (Lockhart Subdivision) Broad Avenue Preliminary Master Development Plan For: Subdivision of 1.084 acres into three lots for three duplex structures with six dwelling units. This property is located on Route 831 (Broad Avenue), in the Lockhart Subdivision, located on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. This preliminary master development plan will be considered by the Frederick County Board of Supervisors at their meeting of January 11, 1989, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, z, ;, i 9! r?4� vao Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on January 4, 1989 from the Department of Planning and Development, Frederick County, Virginia: Nevin N. 9 Otga Lanham San4ond Bta.in 8 Joyce B. Payton /Rowe 6, Box 628 ✓ a "'' ` Rowe 6, Box 660-A V Winche/steA, V.ucginia 22601 Winchute/t, V.ucgini.a 22601 VaUey Monigage 9 Investment Conn. ✓r-;,']A /2400 VaUey Avenue Winche/stet, ViAginia 22601 Detoaens N. 9 Pau.e S. &ri e aa,"'6kt Route 6, Box 624 W inche6teA, Vi, gtiru:a. 22601 Robert W. Roach 9 AZi.ce J. Sine 867 Btcoad Avenue _ 0 W i,ncheAteA, ViAg,i.n is 22601 i' M,ichae2 L. Payton 7, jt6 a , Route 6, Box 660-A WinchesteA, V-Aginia 22601 Mtc. Hautd Stno.6n,i.deA / - 32-12- Rowe 1, Box 358 L-I'Stephen,s City, V.cAgin,i,a. 22655 G. M. KeAm ' 6G2- ;sus L--'3-237 Va.Uey Avenue oLc _ WinchuteA, V, Ag-inia 22601 Allen Ebert ✓ L-,35 W. Boscawen St. (�7-3233 Winchester, VA 22601 0l- 7zj�--�✓ Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, icct�e K. G4P t'i/I a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated �A-kk&V4 1( 1 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 41 day of �`T K r , 1989. My commission expires on os•�Pt�m,�r3 /9S� x- �' "'x NOTARY PUBLIC Harris, Smariga, Orsillo, Inc. Surveyors • Engineers • Landscape Architects • Planners FAIR CENTER-11240 WAPLES MILL ROAD FAIRFAX, VIRGINIA 22030 (703) 368-3124 Kris Tierney, Deputy Director Frederick County Planning Dept. 9 Court Square P.O. Box 601 Winchester, Va. 22601 July 5, 1989 INVOICE # PROJECT# 72106-6-0016 PROJECT: Kerns Lote, Broad Ave. FOR PROFESSIONAL SERVICES RENDERED THRU: PROFESSIONAL SERVICES HRS. RATE AMOUNT Erosion & Sedimentation Plan Principal 1.0 hrs. @ 48.00 48.00 Project Manager 3.5 hrs. @ 48.00 168.00 Admin Assistant .5 hr @ 14.50 7.25 Total Direct Expense 223.25 Total Indirect Expense 334.88 TOTAL DUE THIS INVOICE $558.13 Please Return Yellow Copy With Remittance A Finance Charge Will Be Applied On Unpaid Invoices v Harris,5 a,Oisillo,Inc. Planners/Engineers/Surveyors Fair Center/11240 Waples Mill Road/Suite 100/Fairfax, VA 2203( (703) 385-3566,Manassas, VA (703) 368-3124 July 5, 1989 Kris Tierney, Deputy Director Frederick County Planning Dept. 9 Court Square P.O. Box 601 Winchester, VA 22601 Re: Kerns Lots --Broad Ave. #72106-6-0016 Dear Mr. Tierney: We have completed our review and do not have any problem with the approval of this erosion and sedimentation plan provided the following comments are addressed: 1. Additional silt fencing is required around the west of the .9 2 _contour . 2. Inlet protection needs to be provided for the proposed 1811 culvert. Culvert inverts also need to be indicated. 3. They need to submit the design calculations for the proposed culvert. 4. The grading should be shown so that the water will drain around the house and across the parking pad. The 94 contour will not drain properly as shown. With these issues addressed, I don't have any problem with this plan. If you have any questions, please call. Si ce ly, Paul A. Bernard, P.E. Vice President PAB/km Ha1><is,Sjn i,a&Assodates,hlc. Hanis,ShwiP_a,NhMh _ Frederick, MD/(301) 662-4488 Baltimore, MD/(301) 486-1511 NCOM M®NWEALTH ®f VIA CINI DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 October 13, 1989 WILLIAM H. BUSHMAN RESIDENT ENGINEER Mr. L. Allen Ebert Ref: Final Plat - Kerns Lots 35 W. Boscawen St. Route 831 Winchester, VA 22601 Frederick County Dear Mr. Ebert: Enclosed please find the above referenced plat signed as requested. Please advise Mr. Kerns he will need to contact Mr. Donnie Wilkins, Area Superintendent, (703-662-8876) at our Winchester Area Headquarters to secure a private entrance permit before developing the lot. Also during development of the lot, great care should be taken not to disturb or fill the existing natural drainage area so positive drainage will be maintained at all times. Should you have any questions or need additional information, do not hesitate to call. Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf Enclosure xc: <Mr-.—a.:O. Wilkins Mr: R.W. Watkins _D Mr. Butch Kerns TRANSPORTATION FOR THE 21 ST CENTURY COUNTY of FREDERICK . Departments of Planning and Building 703/665-5650 MEMORANDUM TO: Larry Ambrogi, Commonwealths Attorney FROM: Robert W. Watkins, Director SUBJECT: Kerns Lot Case DATE: October 31, 1988 Please find attached materials on the Kerns Lots case. The following is a brief chronology of the case. 1. On February 4, 1987 a request for approval of mixed housing types by Harold N. and Betty L. Strosnider (#002- 87) was presented to the Planning Commission for approval of duplexes in a single family area under a now repealed provision of the RP zoning district. Recommended for approval. 2. The request for mixed housing types was approved by the Board on February 11,.1987. 3. On June 3, 1987, a preliminary master development plan for Kerns Lots was presented to the Planning Commission for eight duplex units. It was recommended.for denial. f 4. On July 1, 1987, a revised preliminary master development plan for Kerns Lots was presented to the Planning :Commission for six duplex units. It was recommended for denial. 5. On October 14, 1987, a preliminary master development plan for Kerns Lots for six duplex units was presented to the Board of Supervisors. It was denied. 6. On December 2, 1987, a preliminary master development plan for Kerns Lots for four duplex units and one single family dwelling was presented to the Planning Commission. It was recommended for denial. 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 i Page 2 October 31, 1988 Larry Ambrogi The issue was the number of units to be approved. At the time of the original approval, the Commission and Board had the impression that there would only have four units. I believe that impression arose through informal discussions that the staff had with the original applicant. Please let us know what else we can do or if you have any questions. - 5- REGULAR PUBLIC HEARINGS Rezoning Request #001-87 of Craig D. and Seri K. Kern to rezone 5.0 acres from A-2 (Agricultural General) to B-2 (Business General) and M-2 (Industrial General) in the Gainesboro Magisterial District. Action - Withdrawn Mr. Watkins stated that the applicants for this rezoning have withdrawn their request. He said that they will be submitting another request at the March 4, 1987 meeting for rezoning of this land to B- 3 (Industrial Transition). Rezoning Request #003-87 of Lowe's Investment Corporation to rezone 7.79 acres from B-1 (Business Limited) and B-2 (Business General) to B-3 (Industrial Transition) in the Shawnee Magisterial District. Action - Approved Mr. Watkins said that this rezoning involves two lots including the 3.62 acre Garber Trust Land portion in the rear currently zoned B-2 and the existing 4.17 acre Lowe's site, currently zoned B-1. He noted that the proposed rezoning will allow the legal expansion of the existing Lowe's use. Mr. David Wright, from the Real Estate Department at Lowe's Company in North Carolina, was the representative for this rezoning. Mr. Wright said that Lowe's is upgrading the stores currently in the Lowe's chain, instead of adding new stores. Mr. Wright explained that this store currently has 11,103 square feet of retail sales floor area and they are proposing to increase that to 22,800 square feet. He said that they will not be changing the warehouse, but will relocate the long shed, located on the north side of the property, to behind the warehouse and sales floor area. Mr. Wright added that they plan to purchase three additional acres next to this site to accomodate the expansion. In regards to the parking, Mr. Wright said that they will be increasing the number of parking spaces from 59 to 141, which should eliminate any parking problems that presently exist. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #003-87 of Lowe's Investment Corporation to rezone 7.79 acres from B-1 (Business Limited) and B-2 (Business General) to B- 3 (Industrial Transition). This property is located on the east side of Route 522 South, south of the Route 50 intersection, in the Shawnee Magisterial District. Application #002-87, Request to Mix Housing Types, of Harold N. and Betty L. Strosnider. 2355 F4, � --Ir r� /, C, - 6 - Action - Denied Mr. Watkins explained that this request is to place duplexes in an area with single-family dwellings. He said that the proposal is to have two buildings, one on each lot, each building containing two units. Mr. Harold Strosnider, applicant, said that Mr. Kerns wanted to purchase the property from him. Mr. Strosnider said that due to the cost of a sewer and water hookup, Mr. Kerns felt that only duplexes would be feasible. Mr. Golladay and other members of the Commission were concerned whether it was good practice to mix housing types in an existing subdivision. Mr. Golladay felt this was something for the Ordinance Subcommittee to review. Mr. Stiles said that the Subcommittee needed to decide whether or not duplexes or other multi -family units should be a part of the RP Zone. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby deny Application #002-87, Request to Mix Housing Types, by Harold N. and Betty L. Strosnider. This property is located on the west side of Broad Avenue, 1/4 mile from Senseny Road, in the Lockhart Subdivision, Shawnee Magisterial District. The vote on this rezoning was: YES (TO DENY): Messrs. Golladay, DeHaven, Wilson, Romine, Brumback NO: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers Conditional Use Permit #011-86 of Beulah R. Lind for a Cottage Occupation/Odds and Ends Shop in the Gainesboro Magisterial District. Action - Approved Mrs. Beulah R. Lind, applicant, said that she proposes to sell nick- nacks and used items from her home. Mrs. Lind said that there would be no outside storage. The Commissioners next discussed the Highway Department's comments with Mrs. Lind. Mrs. Lind said that she understood the Highway Department's requirements. Upon motion made by Col. Myers and seconded by Mr. McDonald, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #011-86 of Beulah R. Lind for a 2356 146 Mrs. Maddox stated that she felt that there is a lot of commercial zoning on Route 277 and that water is a problem in this area for a lot of the residents. The above motion was denied by the following vote: Aye - Robert M. Rhodes and Rhoda W. Maddox. Nay - Kenneth Y. Stiles, Will L. Owings and C. William Orndoff, Jr. Thomas B. Throckmorton abstained. REZONING REQUEST #001-87 OF CRAIG D. AND SERI K. KERN - GAINESBORO MAGISTERIAL DISTRICT - WITHDRAWN The rezoning request number 001-87 of Craig D. and Seri, K. Kern was withdrawn. REZONING APPLICATION #003-87 - LOWE'S INVESTMENT CORPORATION - SHAWNEE MAGISTERIAL DISTRICT - APROVED Mr. Watkins presented this request and stated that the Planning Commis- sion recommended approval. Mr. David Wright of Lowe's appeared before the Board to answer any questions they might have. No one appeared in opposition to this request. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, rezoning application number 003-87 of Lowe's Investment Corporation, c/o David J. Wright, Lowe's Real Estate Department, Box 1111, N. Wilkesboro, North Carolina, to rezone 7.79 acres from B-1 (Business Limited) to B-31. (Industrial Transition) was approved. This property is located on the East side of Route 522 South, South of the Route 50 intersection, and identified as Parcels 4 and 4-B on Tax Map 64 in the Shawnee Magisterial District. APPLICATION #002-87 OF HAROLD N. AND BETTY L. STROSNIDER - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Punning Commis- sion recommended denial. Mr. Harold Strosnider appeared before the Board on behalf of his re- quest and explained to the Board what his plans were and that he had not heard any objections from any of his neighbors. Mr. Butch Kerns, Realtor, appeared before the Board and stated that he Intended to purchase the lots and build on them if this request was approved. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, application number 002-87 of Harold N. and Betty L. Strosnider, Route 1, Box 358, Stephens City, Virginia, to mix housing types 147 was approved. This property is located on the West side of Broad Avenue, 1/4 mile from Senseny Road in the Lockhart Subdivision and identified as Parcels 23 and-24 on Tax' Map 65B.. CONDITIONAL USE PERMIT #011-86 OF BEULAH R. LIND - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Commis- sion recommended _approval. Mr. Dale Vance appeared before the Board on behalf of this request. There was no opposition. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, conditional use permit number 011-86 of Beulah R. Lind, Route 5, Box 86, Winchester, Virginia, for a cottage occupation/odds and ends shop was approved. This property is located on the East side of Route 654, about 1/2 mile North of Route 522 at Cross Roads Groceries and identified as Parcel 66 on Tax Map 31 in the Gainesboro Magisterial District. CONDITIONAL USE PERMIT #012-86 OF JOHN O. HAHN - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Commis- sion recommended. approval No one was present to represent this request. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, conditional use permit number 012-86 of John O. Hahn, Route 2, Box 264, Stephens City, Virginia, to re-establish a. legal nonconforming use was approved. This property is located on Route 621 and is identified as Parcel 49 on Tax Map 62A in the Back Creek Magisterial District. CONDITIONAL USE PERMIT #013-86 OF JOSEPH C. SMITH - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Commis- sion recommended approval with conditions. Mr. Scott Smith and his Sister Mitzie appeared before the Board on behalf of this request. There was no opposition. Upon motion made by-C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, conditional use permit number 013-86 of Joseph C. Smith, Route 1, Box 1985, Berryville, Virginia, for a group adult retirement home was approved. This property is located on the East side of LAWRENCE R. AMBROGI Commonwealth Attorney DAVID S. WHITACRE Assistant Commonwealth Attorney JAY D. COOK, III Assistant Commonwealth Attorney o 1r \. COUNTY OF FREDERICK�� y� 1 OFFICE OF THE COMMONWEALTH'S ATTORNEY FREDERICK -WINCHESTER JUDICIAL CENTER 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (703) 667- 5770 (703) 667-5792 November 17, 1988 Robert W. Watkins, Director Departments of Planning & Building P. O. Box 601 Winchester, Virginia 22601 CHARLES W. STANSFIELD Administrative Assistant CAROL A. CAMPBELL Secretary JANET P. DICK Secretary Re: Property of G. M. Kerns, located on Broad Avenue, Lockhart Subdivision, Parcels 23 & 24, Tax Map 65B Dear Bob: I have reviewed the information you provided to me concerning the above -referenced matter and the copy of the zoning ordinance in effect at the appropriate time. Based upon the foregoing and the applicable law, my opinion is as follows: By action of the Board of Supervisors on February 11, 1987, the request of Harold N. and Betty L. Strosnider to mix housing types on the subject property was approved. There was some subsequent discussion or indication that such approval by the Board of Supervisors was based upon there being only two (2) duplex units, one on each of the two lots. There is, however, nothing contained in the minutes of the meeting of the Board on February 11, 1987, or in the application, which limits such approval. Therefore, the effect of the action of the Board of Supervisors was that mixed housing types was approved for the subject property in accordance with Article V, Section 21 of the Code of Frederick County (Residential Performance District). Robert W. Watkins, Director Page Two November 17, 1988 Any action upon presentation of a master development plan constitutes a ministerial, as opposed to a legislative, function. If the master development plan as submitted meets all the require- ments of the RP zoning ordinance, approval is required. It is my understanding from reviewing the documents you furnished to me that the master development plan submitted by Mr. G. M. Kerns for construction of three (3) duplex units on the subject property did comply with the RP zoning ordinance and, therefore, should be approved. It should be understood that I do not opine as to whether such requirements have been met. This factual situation is analogous to, and cannot be differentiated from, the situation where a request to rezone property occurs. If the rezoning is granted, the Board may not impose conditions upon the use of such property other than what is set forth in the zoning ordinance for the rezoned district. For example, if property is rezoned from residential to commercial, the property may be put to any of the permitted uses in the commercial zoning without limitation by the Board. Should you have any questions about this opinion, or wish to discuss any aspect of it, please contact me at your earliest convenience. It should be noted that this opinion is given in the course of an attorney - client relationship. Sincer , Lawren e Ambrogi LRA:cac COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 MEMORANDUM TO: Larry Ambrogi, Commonwealths Attorney FROM: Robert W. Watkins, Director SUBJECT: Kerns Lot Case DATE: October 31, 1988 Please find attached materials on the Kerns Lots case. The following is a brief chronology of the case. 1. On February 4, 1987 a request for approval of mixed housing types by Harold N. and Betty L. Strosnider (#002- 87) was presented to the Planning Commission for approval of duplexes in a single family area under a now repealed provision of the RP zoning district. Recommended for approval. 2. The request for mixed housing types was approved by the Board on February 11, 1987. 3. On June 3, 1987, a preliminary master development plan for Kerns Lots was presented to the Planning Commission for eight duplex units. It was recommended for denial. 4. On July 1, 1987, a revised preliminary master development plan for Kerns Lots was presented to the Planning Commission for six duplex units. It was recommended for denial. 5. On October 14, 1987, a preliminary master development plan for Kerns Lots for six duplex units was presented to the Board of Supervisors. It was denied. 6. On December 2, 1987, a preliminary master development plan for Kerns Lots for four duplex units and one single family dwelling was presented to the Planning Commission, It was recommended for denial. 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 Page 2 October 31, 1988 Larry Ambrogi The issue was the number of units to be approved. At the time of the original approval, the Commission and Board had the impression that there would only have four units. I believe that impression arose through informal discussions that the staff had with the original applicant. Please let us know what else we can do or if you have any questions. LAWRENCE R. AMBROGI Commonwealth Attorney DAVID S. WHITACRE Assistant Commonwealth Attorney JAY D. COOK, III Assistant Commonwealth Attorney - ,-�15�02�2?a, COUNTY OF FREDERICK�;6t� INS, I a OFFICE OF THE COMMONWEALTH'S ATTORNEY FREDERICK-WINCHESTER JUDICIAL CENTER 5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (703) 667-5770 (703) 667- 5792 November 17, 1988 Robert W. Watkins, Director Departments of Planning & Building P. O. Box 601 Winchester, Virginia 22601 CHARLES W. STANSFIELD Administrative Assistant CAROL A. CAMPBELL Secretary JANET P. DICK Secretary Re: Property of G. M. Kerns, located on Broad Avenue, Lockhart Subdivision, Parcels 23 & 24, Tax Map 65B Dear Bob: I have reviewed the information you provided to me concerning the above -referenced matter and the copy of the zoning ordinance in effect at the appropriate time. Based upon the foregoing and the applicable law, my opinion is as follows: By action of the Board of Supervisors on February 11, 1987, the request of Harold N. and Betty L. Strosnider to mix housing types on the subject property was approved. There was some subsequent discussion or indication that such approval by the Board of Supervisors was based upon there being only two (2) duplex units, one on each of the two lots. There is, however, nothing contained in the minutes of the meeting of the Board on February 11, 1987, or in the application, which limits such approval. Therefore, the effect of the action of the Board of Supervisors was that mixed housing types was approved for the subject property in accordance with Article V, Section 21 of the Code of Frederick County (Residential Performance District). Robert W. Watkins, Director Page Two November 17, 1988 Any action upon presentation of a master development plan constitutes a ministerial, as opposed to a legislative, function. If the master development plan as submitted meets all the require- ments of the RP zoning ordinance, approval is required. It is my understanding from reviewing the documents you furnished to me that the master development plan submitted by Mr. G. M. Kerns for construction of three (3) duplex units on the subject property did comply with the RP zoning ordinance and, therefore, should be approved. It should be understood that I do not opine as to whether such requirements have been met. This factual situation is analogous to, and cannot be differentiated from, the situation where a request to rezone property occurs. If the rezoning is granted, the Board may not impose conditions upon the use of such property other than what is set forth in the zoning ordinance for the rezoned district. For example, if property is rezoned from residential to commercial, the property may be put to any of the permitted uses in the commercial zoning without limitation by the Board. Should you have any questions about this opinion, or wish to discuss any aspect of it, please contact me at your earliest convenience. It should be noted that this opinion is given in the course of an attorney - client relationship. Sincer , Lawren e Ambrogi LRA:cac COUNTY of FREDERICK'. Departments of Planning and Building 703/665-5650 July 23, 1987 Mr. Butch Kerns A Brokers Associated 3237 Valley Avenue Hanover, Virginia 23069-0470 RE: Denial of the Revised Preliminary Master Development Plan of the Kerns Lots (Lockhart Subdivision) Broad Avenue Dear Mr. Kerns: This letter is to confirm the Frederick County Planning Commission's action at their meeting of July 1, 1987: Denial of the Revised Preliminary Master Development Plan of the Kerns Lots (Lockhart Subdivision) Broad Avenue for the subdivision of 1.084 acres into six lots for four duplex units. This property is located on Route 831 (Broad Avenue) in the Lockhart Subdivision, located on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. If you have any questions regarding this matter, please do not hesitate to call this office. Sincerely, Robert W. Watkins Director RWW/rsa n rn„r+ CniiarP _ P 0. Box 601 - Winchester, Virginia - 22601 r - 14 - PUBLIC MEETING Revised Preliminary Master Development Plan of the Kerns Lots, Zoned RP, 1.084 Acres, for five lots for four duplex units and one single-family traditional lot, located on Route 831 (Broad Avenue), Lockhart Subdivision, on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. Action - Denied Mr. Watkins noted that the right to mix uses in an existing subdivision of mostly single family uses was approved by the Board of Supervisors on February 11, 1987. He added that the plan meets all applicable master plan and RP Requirements. Mr. Butch Kerns, applicant, said that this revised proposal represented a compromise. Mr. Kerns said that when the narrow lots were proposed, the VDOT recommended curb and gutter; however, with this new configuration, they may not require it. Mr. Stiles said that when the request to mix housing types was approved, it was with the understanding that it would be for two buildings with four units. Mr. Wilson said that he talked with some of the adjoining property owners and they are satisfied with this layout as a compromise. Mr. Wilson then moved for approval and Mr. Romine seconded the motion, but the motion lost due to the following vote: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Wilson, Romine NO: Messrs. Stiles, Myers, Golladay, DeHaven, Brumback Motion was then made by Mr. Golladay and seconded by Mr. Stiles to deny the revised plan and the revised plan was denied by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny the Revised Preliminary Master Development Plan of the Kerns Lots (Lockhart Subdivision) on Broad Avenue for the subdivision of 1.084 acres into five lots for four duplex units and one single-family traditional lot in the Shawnee Magisterial District. YES (TO DENY): Mrs. Copenhaver and Messrs. DeHaven, Golladay, Myers, Stiles, McDonald, Brumback NO: Messrs. Romine, Wilson, Final Master Development Plan #005-87 of Grove Heights, Zoned RP, 74.359 Acres, located on the north side of Route 50, a short distance from Interstate 81, in the Shawnee Magisterial District. 2595 I 3 331 Upon motion made by Rhoda W. Maddox, seconded by Thomas B. Throckmorton and passed unanimously, Velma Carmon was appointed to serve on the Shenandoah Area Agency on Aging, said term to expire on September 30, 1990. ROBERT B. HOWARD APPOINTED TO THE CHAPTER 10 BOARD Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, Robert B. Howard was appointed to the Chapter 10 Board, filling the unexpired term of Kathy Geiman, said term to expire January 31, 1989. BOARD RECEIVED INVITATION TO LORD FAIRFAX PLANNING DISTRICT COMMISSION'S ANNUAL LEGISLATIVE DINNER MEETING Mr. Stiles asked the Board members to contact Mr. Riley's office if they were interested in attending this meeting. PLANNING COMMISSION BUSINESS SUBDIVISION REQUEST OF LENOIR CITY COMPANY OF VIRGINIA - APPROVED Mr. Watkins, Director of Planning and Development, present- ed this request and stated that the Planning Commission had recommended approval. Mr. Tom Gilpin, owner, appeared before the Board on behalf of this request. There was no opposition. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the subdivision request of Lenoir City Company of Virginia was approved. SUBDIVISION REQUEST OF JAMES M. HORTON - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. James Horton, owner, appeared before the Board on be- half of his request. There was no opposition. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the subdivision request of James M. Horton was approved. /REVISED -PRELIMINARY MASTER DEVELOPMENT PLAN - KERNS LOTS, (LOCKHART SUBDIVISION) - DENIED 332 Mr. Watkins appeared before the Board and stated that the Planning Commission had recommended unanimous denial for this request on July 1, 1987. Mr. Sanford Peyton, adjoining property owner, appeared be- fore the Board and stated that he objected to having three units built on this property because of the traffic that would be gene- rated. Mr. Kevin Lanham, adjoining property owner, appeared before the Board and stated that he was worried about the drainage problems that would come from the construction of three units. Mr. Peyton appeared before the Board again and stated that three other neighbors that objected to this request were unable to be present. Mrs. Maddox asked why the agencies had not addressed the drainage situation. Mr. Watkins stated that would be addressed later on in the development process. Mr. Throckmorton moved to deny based on reasons already stated and due to the mixed housing types that the present plans called for. Mr. Owings seconded Mr. Throckmorton's motion and the vote was unanimous for denial. REVISED PRELIMINARY MASTER DEVELOPMENT.PLAN - DOMINION KNOLLS - WITHDRAWN Mr. Stiles stated that a request had been submitted to have this request withdrawn for this meeting and that it would be resubmitted for the next Board meeting. He further stated that he, Mr. Orndoff, Mr. Riley and Mr. Watkins had met with the owners on this request and he felt confident that the revised plan would be much better. PUBLIC HEARING REZONING APPLICATION #024-87 OF M. J. AND BETHEL L. MATHISON - SHAWNEE MAGISTERIAL DISTRICT - WITHDRAWN As noted earlier in the meeting, this rezoning request was withdrawn. REZONING APPLICATION #030-87 OF B. K. HAYNES CORPORATION - BACK CREEK MAGISTERIAL DISTRICT - TABLED I PUBLIC MEETINGS Preliminary Master Development Plan for Kerns Lots (Broad Avenue) Lockhart Subdivision for the subdivision of 1.084 acres into eight lots for four duplex units. Action - Denied Mr. Watkins said that this site was approved for duplex units (mixed use in an RP District) by the Board of Supervisors on February 11, 1987. Chairman Brumback inquired about the Highway Department's request for curb and gutter. Mr. Gyurisin said that the Highway Department felt a shared entrance or a curb and gutter entrance was needed to accomodate the radius for a standard entrance onto Broad Avenue. Mr. Allen Ebert, Land Surveyor, was the representative for this preliminary master development plan. Mr. Stiles said that when the Planning Commission considered this request to mix housing types on February 4, 1987, the proposal was for two buildings, one on each lot, with each building containing two units. He said that the Board of Supervisors approved the request on that basis. He said that now the proposal is for four buildings, with eight units, on 26' wide lots (totalling approximately one acre) with the buildings themselves being 16' wide and 22' long. Mr. Stiles felt this density was too high. Chairman Brumback said that it was not the Planning Commission's intent to have this type of situation in a single-family neighborhood. Mr. Michael L. Payton, resident on Lot 30, was not in favor of four structures being placed on one acre in this area. The Commissioners felt that this proposal did not meet the "intent" of the RP Section of the Zoning Ordinance. Upon motion made by Mr. Wilson and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny the Preliminary Master Development Plan of the Kerns Lots (Broad Avenue) Lockhart Subdivision for the subdivision of 1.084 acres into eight lots for four duplex units. This property is located on Route 831 (Broad Avenue), on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. Preliminary Master Development Plan #002-87 of Valley Mill Terrace Apartments for eighteen two -bedroom units contained in two garden apartment structures in the Stonewall District. Action - Denied 2441 Mr. Wilson said that his biggest concern regarding this area was overloading Senseny Road, but the Highway Department has stated that the roads are adequate for the development. Mr. Wilson then moved for approval with staff recommendations and this motion was seconded by Mr. Romine. Mr. DeHaven was concerned about further RP development with this size lots in this area. He was also concerned that with the availability of pumping stations, there was no limit to how far the development would go. BE IT RESOLVED, That the Frederick County Planning'Commission does hereby unanimously approve the preliminary master development plan of Apple Ridge Subdivision for 119 single-family cluster lots with streets and open space with a buffer reduction for the Senseny Road collector to 75 feet. This property is located at the north side of Route 657 (Senseny Road) in the Shawnee Magisterial District. Revised Preliminary Master Development Plan for Kerns Lots (Lockhart Subdivision) on Broad Avenue for the subdivision of 1.084 acres into six lots for six duplex units (three buildings) in the Shawnee District. Action - Denied Mr. Watkins noted that the significant change over the previous plan was that they were showing open space along the rear of the lot. Chairman Brumback inquired if the Highway Department would be requiring curb and gutter. Mr. Gyurisin replied that the developer could use combination driveways which may not require curb and gutter. Mr. Butch Kerns, owner of the property, was present to answer questions. Mr. Stiles was concerned why Mr. Kerns was still asking for more units than what was proposed to the Board of Supervisors on February 11, 1987. Mr. Kerns said that Mr. Strosnider, owner of the property when he had it under contract to purchase, was the one who was present at the meeting. Mr. Kerns said that his contract with Mr. Stronider stipulated that it would be approved for three duplex buildings (six dwelling units). Mr. Kerns felt it would not be economically feasible to put four units on the property. Mr. Michael Payton, adjoining property owner, was opposed to any duplex development because of the single-family neighborhood. Mr. Sanford Payton, adjoining property owner, said he was under the impression that the proposal was for two duplexes with four families. Mr. Payton was concerned that this would be low income housing. He was also concerned there would be no place for children to play except on the streets. 2459 9. , Az'4 5- Mr. Nevin Lanham, adjoining property owner, had concerns regarding drainage. Mr. Lanham also was concerned about the traffic situation. Mr. Paul Brill, adjoining property owner, was concerned about water backing up on his property. It was the feeling of the Planning Commission that this proposal did not meet the intent of the RP Section of the Zoning Ordinance. They also felt this was too many buildings on this property in a single-family neighborhood. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny the revised preliminary master development plan of the Kerns Lots for the subdivision of land for six duplex units (three buildings). This property is located on Route 831 (Broad Avenue) in the Lockhart Subdivision, Shawnee Magisterial District. PUBLIC HEARINGS Conditional Use Permit #014-87 of Roger L. Mogle for a Cottage Occupation for small engine repair in the Opequon District. Action - Approved Mr. Roger Mogle, applicant, said that regarding sewage, his existing septic system is well over 40 years old and failing. Due to the State moratorium in the area, he cannot hook up to County sewer. Mr. Mogle said that he has an agreement with the Health Department that as soon as the moratorium is lifted, he will hook up to County sewer. Mr. Mogle next discussed his hours of operation with the Commission. Mr. Mogle said that due to the property boundaries and location of the County fire hydrant, that he would not be able to make the entrance the Highway Department has recommended. Mr. Stiles said that if the Highway Department required this, the Planning Commission had no control. Mr. Stiles suggested that the applicant work with the staff and the Highway Department on the matter. The Commission next discussed the distance to adjoining homes and Mr. Mogle stated that he spoke with his neighbors about the project and there were no complaints. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #014-87 of Roger L. Mogle for a Cottage Occupation/Small Engine Repair, to be located on Route 277, in the Opequon District, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2460 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 W. H. BUSHMAN COMMISSIONER (703) 984-4133 RESIDENT ENGINEER May 5, 1987 Mr. G. M. Kerns Ref: Route 831 3237 Valley Avenue Broad Avenue Winchester, Virginia 22601 800' S. Rte. 657 Frederick County Dear Mr. Kerns: This is in response to my meeting with you on Monday, May 4, 1987 to discuss the requirements for private entrances to eight (8) lots at the above location. Listed below are our comments: 1. While working on. the State's right-of-way, it will be necessary to erect "Men Working" signs in accordance with the Virginia Department of Trans- portation's standards prior to starting work. Signs are to be removed daily. 2. The entrances are to be joint use type entrances as shown on the attached sketch. 3. The entrances are to have a minimum of 6" of Crushed Stone plus Prime and Double Seal. 4. The entrances must slope away from the edge of pavement at the rate of 3/4" per foot for a minimum of 6'. 5. The entrances are to be a minimum of 24' wide and 52' where it ties into the existing roadway. 6. 15" corrugated metal pipe or a concrete pipe is to be installed as shown on the attached sketch. 7. All disturbed turf on the State's right-of-way must be topsoiled and reseeded. 8. All work is to be completed within 120 days. It is understood the proposed Standard DI-1 drop inlet will require a regular permit which requires an inspection fee and bond, as discussed. This letter does not grant permission to construct a DI-1 drop inlet. Should you have any questions during construction concerning the proper grade or alignment of the culvert pipe, please contact Mr. Donnie Wilkins at the Winchester Headquarters at 662-8876 to review the proposed work. Upon completion of the above, please notify this office so the work can be checked. �incerrlv,, V KDW/ks K. D. Walker cc: D. O. Wilkins Inspector For: W. H. Bushman, Res. Engr. TRANSF.Q TATIGF: FQS TEE 2eST CENTURY j 14LF SECTION.) 0 r- xlw 790Y, Zq " -' 41Z v E 9 1 3* V-T- I D901? jw)-5 - r IIALF r4--- 5 :2 F. 0/3 17 4 V . ..... .. .. . ..... . ................. .. . ........ ..... ... . .. .. 3a3� LIWAA� vakhl-d- CLAj4 1,10 brie ��4 R KERNS LOTS - RZOA n ,A lj FVUE, 9